iiipp;fii:jis>:a;; ,.: 



milVUTEl^ 



OF THE 



PROVINCIAL, COUNCIL 



OF 



B^HlTSJS'SriL'^^S^Hiie 



FROM THE ORGANIZATION TO THE TERMINATION OF 
THE PROPRIETARY GOVERNMENT. 



PUBI.ISIIKD BY THE STATE, 



VOL.. III. 



CONTAINING THE PROCEEDINGS OF COUNCIE FROM MAT 31st, 

1717 TO JANUARY 23d, 1735-6. 



;Harrisburg: 

PRINTED BY THEOPHILUS FENN. 
\ 

1840. 



.! 



TABE.2^ OF CONTENTS. 

VOL. III. 



A.rriv;!l of Governor Keith and Commission read at the 

Court house, 1 
Col. Oo ikin prefers charges against certain Members of 

the Council, , 3 

Failure to substantiate fhem, and apolocry, 5 

Judges for the Lower Counties nominated, 6 
Petition of Thomas Masters for leave to record and pub- 
lish his Patents respecting cleansing corn & weaving 

bonnets, 7 

Visit of Governor Keith to the Indians at Conestogoe, 8 
Speech ol Governor Keith to the 

Indians, 9, 12, 38, 98, 118, 121, 172, 177, 191, 207, 213, 231 
Speed) of Governor Keith to the 

Assembly, 14, 16, 47,54, 57, 62, 137, 184 
Memorial of Capt. Christopher Smith, 10 
Comp ainl against the Senequa Indians for killing a Ca- 
tawba, 11 
Indians t'xhorted to cultivate peace, 13 
Treasurer to pay Expenses of the Treaty, 14 
Foreigners to be reported to Council and take the Oath of 

Allegiance, 18 

List of Palatines exhibited, ] 9 

Arrival of Col Spottswood Governor of Virginia, jb 

Jonatiian Dickinson appointed Mayor of Philadelphia, 20 

Proclam ition respecting Pirates to be published, 22 
Objecri .ns to the form of the Commission for trying 

Crimin Is, 23 
Cotnjjlaiiit to Council of intrusions by certain Mary- 
landers, QZ 
Sundry Pirates plead the King's Pardon, 28 
Peliti.Miof Hugh Pugh & Lazarus Thomas, and their appeal 

to tlie Kmg, 30 
Petition for a Road from Conestogoe to Thomas Moore's 

and Uiandywine, 33 
Heniy Goldney to nominate an Agent to reside at Lon- 
don, 34 
Martha Underdown convicted of Murder ; reprieved, 55 
Visit of sundry Indians to the Council, 36 
Speech of Civility, 37 



CONTENTS. 

Account of Presents made to the Indians, 40 
Nanativo of the Escape of sundry Mariners from Pi- 
rates, fl 
Piratical sloop delivered to the Governor, ib 
Cap:. Hardy takes an Inventory of the stores found on 

board of her, 44 

Address of the Governor on the subject of Piracy, 45 
Warrant granted to apprehend Teach, alias Blackbeard, 

the Pirate, ib 
Complaints respecting the Attorney General, 48 
Petition for the erection of Bristol into a Borough, 49 
Death of William Penn announced to the Council, 50 
Conference between the Governors of Maryland and 
Pennsylvania, relating to the Settlement of Notting- 
ham, 51 
Petition of Abraham Delucena relative to the seizure of his 

goods, 53 

William Penn's instructions to Governor Keith read, 55 

Governor Keith re-appointed, 56 
Answer of the Assembly to the Governor's Speech, May 

9,1719, 58 
Governor Keith's visit to the Governor of New York, 60 
King and Council confirm a certain Act of Assembly, 65 
Articles of Impeachment against Robert Assheton, 64 
Governor Keilh continued by the King and Council, 66 
Certain Laws repealed by the Privy Council, 68 
Petition of John Eraser relative to Piratical Sloop, 69 
Robert Assheton's answer unsatisfactory, 70 
Col. French's report of his Treaty with the Indians, ib 
Speech of Civility to the Council, 73 
Petition of John Burrows for remission of fine, 74 
Governor Spotswood's remonstrance on the Subject of In- 
dian affairs, 75 
New Commissions to the Justices of the Supreme Court, 83 
Petition to run a division line between Philadelphia and 

Chester counties, 84 
Representation by Commissioners of Chester county rela- 
tive to assessments, 85 
Report of James Logan's interview with the Indians, 86 
Governor Keith's letter to the President of New York 

on the conduct of the Five Nations, 93 

CharU^r of Bristol agreed to V)6 

Visit from the Conestogoe Indians, 97 

W Court of Chancery established, 100 

Expenses of Treaty to be paid, 101 

Proclamation to prevent the escape of Robert Moore, 103 



CONTENTS. 

Edvard Hunt sentenced to death for Counterfeiting, 104 
Petition of Anne Iluson — under sentence of death for 

Burglary — for Piudun, 103 
Record of a Road from Pliilade'pliia to Glocester, ib 
Petition of sundry [icrsons on the West side of Schuyl- 
kill relative to the payment of Taxes, 100 
Patrick Baird appointed Physician of the Port, 107 
Governor Keith visits Virginia to settle Indian disputes, ib 
Letter from Governor Krith lo the Council, 109 
.Memorial of Governor Keith to the Governor of \ ir- 

ginia, 111 

Answer to the memorial by the Governor of Virginia, 113 
Letter and Instructions from the Governor of New York 

respecting Defence, 114 
Governor Keith visits the Indians at Conestogoe, 117 
Speech of Ghcsaont, 119 
Treaty of Friendship established with the Five Nations, 121 
Speech of James Logan to the Indians, 127 
Report lo the Council of liis interview, ib 
Answer of the Council to Requisition of Governor Bur- 
nett, 131 
John Grist liberated fron; prison, 1H3 
" " Ordered to remove from his settlement, 1H4 
" '' Reprimanded by the Governor, 135 
Objections by the Governor to several Bills, 136 
Petition respecting a road in Chester county, 139 
Andrew BraHfoid, a Printer, to appear before Council to 

answer a charge of Libel, 141 
Report concerning division line of Chester & Philadelphia 

counties, ib 
Anlrevv Bradford reprimanded by the Governor and pro- 
hibited frcm publishing strictures on Government with- 
out leave, 143 
John and Edmund Cartlidge suspected of murdering an 

Indian, 144 
James Logan and Col. French appointed to inquire concer- 
ning the murder, ib 
Report to the Governor and Council, 146 
Speech of James Logan to the Indians on the subject of 

the murder, 147 
Speech of Col. French to the Indians on the same, 151 
John and Edmund Cartlidge committed to prison, 154 
Address of David Lloyd and Nathaniel Newlin relative 
to the division line of Chester and Philadelphia Coun- 
ties i5r 



CONTENTS. 

Commission to Joseph Pidgeon relating to the Boundary 

Dispute, * 169 
Habeas Corpus not to be denied to John and Edmund 

Cartlidge, 170 

Message Irom the Indians to the Governor, 173 

Message Trom the Governor to the Assembly, 175 

to the Five Nations, 177 
Certain laws passed by the Governor, 180 
Robert Asshelon restored to his seat in Council, 181 
Letter from Governor Keith to Robert Assheton, 182 
Observations on Bill for raising the value of money, IBS 
Philip Syng committed to prison for surveying on a Ma- 
ryland Warrant, 185 
Examined by the Ccuncil, 186 
Record of a road from Horsham to the New Yori,: road, 187 
Governor Keith's letter to the Council respecting surveys 

by Maryland, 188 

Answer of the Council, 189 
Proceedings of the Council with the Indians at Conesto- 

goe, 191 
Letter from Governor Keith to the Governor of Maryland 

relative to intrusions, 192 

Warrant for the survey of Springetsbury Manor, 194 

Report of Surveyors, 196 

Letter from James Mitchell to Governor Keith, 198 

Governor Keith to Winjach, the Ganawese 

King, 1 99 

Report of Satcheechoe' svisit to the Five Nations, 20U 

Speech of Governor Keith to Satcheechoe 202 

William Hill and Mary Woolvin reprieved, 203 
Opinion of Council relative lo the Treaty with the Five 

Nations, 205 
Proceedings of the Treaty with the Indians, 207 
Answer oi" the Five Nations to Governor Keith's speech, 210 
John and Edmund Cartlidge pardoned by the Indians, 212 
Letter fiom Givernor Keith to the Governor of New 
York, for leave lo treat with the Five Nations at Al- 
bany, 214 
Leave granted by the Council of New York. 215 
Col Sj)otswood applies for leave to treat with certain In- 
dians, 217 
Letter from (Governor Keith to Col. Spotswood containing 

the refusal of Council, 218 

fieply by Col. Sfiotswood, • 219 

Message to the Conestogoe Indians, 221 



CONTENTS. 

Isaac Taylor and ElishaGatchel imprisoned by the Gov- 
ernment of Maryland, 223 
Directions of Council respecting the Boundaries of Mary- 
land and Pennsylvania, 224 
Answer from the Indians to the Message of Oct. 11, 226 
Council resolves to sustain Isaac Taylor and Elisha 

Gatchel, 228 

Speech of Whinhinjac to Governor Keith, 229 

Record of a road leading to Burlington, 230 

Reply of Governor Keith to Whinhinjac, 231 
Letter from Charles Calvert respecting Boundaries, 234, 237 

Reply by Governor Keith, 235 

Address to the King, 239 

Certain Laws passed by the Governor, 242 
Record of a road from William Paschals in Chester 

County to the Swedes' Ford over Schuylldll, 244 
Agreement between Lord Baltimore and Mrs. Penn res- 
pecting Boundaries, 245 
Disputes respecting Boundaries of Chester and New Cas- 
tle counties, 247 
Col. French interrogated respecting the Boundary Dis- 
putes, 249 
Letter from Mrs. Penn relating to the Government, 250 
Proceedings in the case of certain goods saved from cer- 
tain Sloops, 252 
James Logan and Thomas Laurence appointed to take 

charge of the goods, ' 253 
Petition of Jonathan Swain respecting the seizure of his 

Sloop, 254 

Petition from Palatines to be allowed to purchase Lands, 255 

James Logan wishes to vindicate his character, 256 
Charged with falsifying the Minutes of 

Council, 257 

Exonerated by Council, 259 
Objections by the Governor to the Bill to encourage 

the distilling of Spirits, <^c., 263 

Certain Laws passed by the Governor, 264 

Patrick Gordon appointed Governor of Pennsylvania, 265 

Seal restored to James Logan, 266 

Commission of Governor Gordon read at New Castle, 267 

List of Judges and Justices appointed, 268 
Speech of Governor Gordon to 

the Assembly, 269, 279, 2S3, 309, 322, 361, 374, 382, 

396, 415, 446, 456, 529, 572, 622, 645 
Objections to the style of the Commissions of Justices of 

the Peace, 271 



CONTENTS. 

Robert Charles appointed Secretary to the Council, 272 
Jeremiah Langhorn appointed Judge of the Supreme 

Court, 27» 

William Till superseded as a Justice of Sussex, 274 

Proclamation for suppressing Riots to be published, 275 
Letter from Alured Popple, Secretary to the Lords Com- 

missioners for Trade and Plantations, 276 

Message from the Council to the Assembly, 277 

Rule for the Court of Chancery, 281 
John French divested of his power as a Member of 

Council, 284 

William Till re-instated, ib 

List of Judges and Justices for the Lower Counties, 285 
Speech of Governor Gordon to the Indians, 287, 328 

334, 344, 355, 386, 430, 552, 656 

Reply by the Indians, 290 

Petition of Robert DuckeU, 292 

Amendments proposed to certain laws, 293 

Certain laws passed, 295 

Prince of Wales proclaimed George 2d, 297 

Order respecting the importation of Foreigners, 299 
Emigration of Palatines, 300, 301, 304, 305, 
307, 346, 347, 348, 351, 390, 391, 409, 410, 414, 437, 440, 
441, 442, 444, 457,460, 483, 484, 485, 486, 487, 488, 489, 
490,498, 501, 554, 555, 556, 557, 558, 559, 564, 614, 615, 642 
Depositions respecting the Murder of Thomas Wright by 

the Indians, 302' 
Address from the Governor and Council to the King, 308 
Report of Physicians on the health of certain passen- 
gers on board two British Ships in the Delaware, 310 
Ship Doralhy permitted to land at Philadia, 311 
Information by James Le Tort of a contemplated War by 

the Indians, 312 
Message from the Speaker to the Governor relative to the 

conduct of eight members of the House, 315 

Representation by the eight members, 317 
Report of the Governor of the disturljances at Mahana- 

tawny, 320 

Proclamation for securing the Peace, 325 

Treaty with the Indians at Conestogoe, 327 

Speech of Tawenna, 331 

Proceedings of the Council with the Indians, 334 

Speech of AUummapees, 337 

Deed from the Indians explaiaed to them> 339! 



CONTENTS. 

Speech ofJames Logan to the Indians, relative to Land, 340 

Mr. Hill on the same subject, 344 

Morgan Herbert pardoned for Murder, 345 

Information of intended hostilities amongst the Indians, 348 

Speech of Sassoonan, 353 

Reply by Governor Gordon, 355 
Letter from the Justices of New Castle county relative to 

appointments, 358 
Resolution to remove the Assembly from Philadelphia to 

Chester, 360 

Petition for a new county out of parts of Chester, 363 

Commissioners appointed to run the division Line, 365 
Letter from the Governor of Maryland respecting the new 

County, " 368 

Message from the Governor on Paper Money, 369 

Proclamation to suppress Riots, 372 
Speech of the Governor respecting the Paper Money 

Bill, 374 
Address of the Assembly, 375 
Conferences between the Assembly and the Governor rela- 
tive to the Paper Money Bill, 376 
Lancaster county erected, 378 
Second message from the Governor relative to the Paper 

Money Bill, ib 

Answer by the Assembly, 379 

List of Justices for Lancaster county, 380 
Speech of the Governor on the final passage of the Paper 

Money Bill, 382 

Speech of Civility, 385 

Of Tawenna, 383 

Reply of ihe Governor, 386 

Report of Committee on Treasurer's Account, 369 
Andrew Bradford charged with publishing a Libel against 

the Government of Great Britain, 392 
Message from the Governor relative to the naturalization 

ofGermans, 397 
Observations by the Governor on the act for the relief of 

Insolvent Debtors, 400 

Message from the Governor on Paper Currency, 401 

Members of Council ranked, 409 

William Fishbourn's house robbed of the public money, 413 

Petition of Germans to be naturalized, 417^ 

Observations of the Governor on sundry bills, 418 

Defalcation of William Fishbourn proved, 421 



457 



CONTENTS. 

Message from the Governor respecting the Re-emission Bill, 423 

Vacancies in the 

Supreme Court, 424 

Relative to the Sugar Islands, 427 

French Claims, 42S 

Speech of Sassoonan, 431 

Message from the House relative to the Sugar Islands, 432 

Indian Affairs, 434 

Message irom the Governor " 435 
Proclamation prohibiting the distribution of Liquor among 

the Indians, 438 
James Logan appointed Chief Justice of the Supreme 

Court, 439 

Letter from Mr. Paris relative to the Sugar Islands, 445 

Address from the House, 447 

To the King, 450 

Report of Shekallamy's visit to the Six Nations, 452 
Message from the Governor on the Bill for the payment 

of Assembly-men's wages, 455 
Report of the Justices to deliver the Goal of Lancaster 

comity, 

Application from the Pirates in the city Goal for cloathing, 458 

Arrival of Thomas Penn, 462 

Address of the House of Representatives, 463 

Speech of Thomas Penn to the Indians, 465 

Reply by Iletaquantagechty, 466 

Speech by the Indians on French Affairs, 468 

Private conference with the Indians, 470 

Message from the Indians on French affairs, 473 

Speech by the Proprietor to the Indians, 476 

Proceedintrs on the conclusion of the Treaty, 478 

Speech of Hetaquantagechty, 482 
Conference with the Shawanese Chiefs, 491, 494 
Agreement to run the Lines between Pennsylvania and 

Maryland, 496 
Letter from Lord Baltimore complaining of a riot com- 
mitted in Maryland by Pennsylvanians, 502 
Answer by the Governor, 503 
Letter from John Wright and Samuel Blunston, 504 
Deposition of James Hendricks and others, 506 
Letter from the Governor to the Justices of Kent county 

relative to the fray in Dorset county, 509 
Letter from the Governor to Lord Baltimore denying that 

a riot was committed, 510 

Reply by Lord Baltimore, 514 



CONTENTS. 

Letter from Samuel Ogle to the Governor, 515 

The Governor to Lord Baltimore, 517 

Answer to Samuel Ogle's letter, 518 
Letter from Lord Baltimore demanding certain persons to 

be delivered to the authorities of Maryland, 522 

Answer to Governor Gordon, 523 
Letter from the Governor to the Justices of Kent relative 

to the fray in Maryland, 526 

Address from the House to the Governor, 530 
Letter from the Governor to Lord Baltimore, containing 
the report of the Justices of Kent concerning the 

Fray, ^ 531 

Message from Shekallamy, 538 

Speech of Ullaloes, 542 

Report of Commiitee to examine Treasurer's account, 544 
Objections by the House to the validity uf the Governor's 

Commission, 547 
Message from the Governor to the House, ib 
The House request the Governor to withdraw his Mes- 
sage, 548 
Council advise the Governor to adhere to his Message, ib 
Message from the House, 549 
Message from two Indian Chiefs, 552 
Record of road from l^ancaster to Schuylkill, 561 
Patrick Gordon re-appointed Governor of Pennsylvania, 565 
Governor of Virginia to administer oath of office, 566 
Journey of Governor Gordon to Virginia, 568 
Certifi.;a!c of Governor Gordon's oath of Office, 570 
Address from the House to the Governor, 573 
Observations by the Governor on the Bill respecting excise 

on Brandy, &c., 575 

Amendment to the Bill for reviving an excise, 577 
Message from the Governor on the Bill relative to Bread 

and Flour, 579 
Relative to the Salary of Mr. 

Paris, 580 
On the Bill for the recovery 

of small debts, 581 

Resolves by the House on the Governor's Message, 582 

Act in favor of William Fishbourn, 583 
Andrew Hamilton to appear at Annapolis in behalf of some 

prisoners of Pennsylvania, 585 
Proceedings had on the final settlement of the Maryland 

Boundary, 586 

Return of Messrs. Hamilton and Georges from Maryland, 588 



CONTENTS. 

Objections b\ ihe Governor against '' the Romish Chap- 
pell," ' ^ 589 
Report of Messrs. Elamilton and Georges relative to the 
imprisonnient of certain Pennsylvanians by the Gov- 
ernmont of !\Tarylancl, 590 
Letters to and Irom Messrs. Hamilton and Georges and 
the Lieutenant Governor of Maryland, relative to the 
imprisonment, 598, 600, 602, 603, G04, 608 
Proceedings of (^ouncil relative to the Romish Chapppll, 608 
Letter from the Governor of Virginia relative to a mur- 
der by the Indians, ib 
Answer by Governor Gordon, 610 
Reprcscntaticm by the House relative to the inhabitants on 

the Borders, 611 
Letter from the Governor to sundry Justices, 612 
Arrival of John Penn, 616 
Speech of Saristagoa, 617 
Proj)rictaries to the Indians, 619 
Hetaquantagechty, 624 
John Penn to the Indians. 626 
Address from the House to John Penn, 629 
To the Governor, 630 
Letter from Governor Gordon to the Lords Commission- 
ers, 631 
Record of a road from the Great Swamp to North 

Wales, ;633 
Message from the Governor relative to the naturalization 

of Germans, ^ 635 

Amendments to the Bill for the relief of the Puor, ^ 638 

William Rumsey, a ."surveyor of Maryland, arrested by 

order of the Governor, 640 
Address of the Mayor and Commonalty of Philadelphia 

to the Governor, 643 
Add I ess from the House relative to Lord Baltimore's 

claim, 646 
Council with the Indians, 647 
Speech of Civility, 648 
The Proprietor to the Indians, 650 
Articles of agreement between William Penn and the In- 
dians, 651 
Speech of Ullaloes, 657 
Hetaquantagechty, 659 
Letter from the Proprietaries to the Six Nations, 661 
Address of the House to John Penn on his departure for 
England, 663 



CONTENTS. 

Deposition of John Powell relative to a riot, 664 

Order of Council respecting the Rioters, 666 

Message from the Governor to the House, 669 

Reply by the House, jjj 

Resolution respecting the Court of Chancery, 670 

Record of a road from Macousie to Philadelphia, (571 
Petition for a road from John Harris's Ferry to Philadel. 

Pf^iaj 673 



ailNUTES 



op THE 



PROVINCIAL COUNCIL OF PENNSYLVANIA. 



rvu /";^^^/^""^' r 31st Day of May, Anno Dom., 1717. 

The Honble William Keith, Esq., being this Day arrived from 
Great Brutain, wuh a Commission from the P,oprietor& the RovS 
Approbat.on,to be Lievtenant Governour of this prXince & [hi 
^uTt'r' ^'T'' "P'^" ^^'^^^^'•^- The Honble^Col lo Gtwn 
ofttrn?'""?-'' T"ded by the Aldermen, ComonaIty& Officers' 
of the Corporation, Received him at his Landing, and the sd Com 
mission & Approbation being Produced to the Id. Collo GookinI 
ac3in. X^^^-^d^hat it should be forth.itrProcla med ; 
accordingly. The same was Published & Proclaimed in Due form 
at the Court house n Philadelphia The Mnvnr T r- . ' 

ijovemmt. till such time as New Commissions may be Issued and 

.tupZ'.:int''\Trf"f' '" P-P"'a ProSa o' 

a cZ.n isP:;;Sd!^°" "'"^ '"°'='' "°^' "■°™'"2' =' -I'-h time 

Philada., 1st June, 1717. 

priltor oTedThe't'^'^l"''^ ^Dedlmvs Potestatem from The Pro- 
J spe ' Ye^tet W n ^ ^ t'"^^ ^^^ °^ November last. Directed to 
ohers or anv twIl'rTK ^'•^"\^«b^''t Assheton, John French & 
such Oullifin?, ^u^""; ^^ Administer unto the sd. Governour 

Ty Vi?tre of htcn". ^^^ Law Requires, for Enabling him toTt 

Robe t Assheton nT'T V^^'u- Jaspor Yeates, William Trent, 
by Law V zt The n .'k ^''"'^" ^^"^'^^'^'^'^^ the Oaths Required 

D'eda^lioT'f y ' 0^ clr^'^d^T ''ll'' °' "^7 ^ ^^^^'^' ^^^ 
as also the Oirh r.n, }u ? ' ^^e Abjuracon of the Pretender; 
22 fo he d^.e OK^ ', ^' l^" ^"^ ^'^ ^^h & 8th of Wm. 3d, Chap 
Co'uncil sate ^^^^^^^^'^^ ^^ ^^e A cts of Trade. After which th. 



2 MINUTES OF THE 

PRESENT : 

the Ilonble WILLIAM KEITH, Esqr.,Lievt. Govt. 

Richard Hill, James Logan, 

Jasper Yeates, Samuel Preston, 

William Trent, Jonathan Dickinson, 

Isaac Norris, Robert Assheton. 

The proclamation ordered Yesterday, being prepared, it was Read 
& Approved, & orders were given for publishing it immediately ; 
also that Copies thereof be sent into the several Counties. 

The Governour Ordered that the Qualifications to be taken by the 
several Members of this Board, shou'd be drawn out Ready to be 
taken & signed on Monday moining next, to which time the Council 
is Adjourned. 



At a Council at Philadia., y°- 3d June, Anno 1717. 

PRESENT : 

The Honble WILLIAM KEITH, Esqr., Lievt. Govr. 
Richard Hill, Jonathan Dickinson, 

Jasper Yeates, Anthony Palmer, 

William Trent, Samuel Preston, 

Isaac Norris, Robert Asheton. 

James Logan, 

The Several members of Council were this Day Qualified, Pursu- 
ant to the Order of the Last Council. 

The Governour proposed to the Council his going down to New 
Castle this Day about ffour a Clock in y'' afternoon, in Order to Pub- 
lish his Comission, & Consult of affairs relating to the three Lower 
Counties, & Desired the Council to Attend him there. 



At a Council at Philada., y' 12th June, A° 1717. 

PRESENT : 

The Honble WILLIAM KEITH, Esqr., Lievt. Govr. 
Richard Hill, Jonathan Dickinson, 

Isaac Norris, Anthony Falmer, 

Samuel Preston, Robert Assheton. 

James Logan, 

The Governour Acquainted the Board that having issued his 
Writts when last at New Castle, for sumoning the Representatives 
of the three Lower Counties to meet him in Assembly, on the Thir- 
teenth Inst., at New Castle ; He intended accordingly to Set out for 
that Place to-morrow morning, In order to consult with them about 



PROVINCIAL COUNCIL. 3 

the most proper methods to be taken for securing the People's Just 
Ritrhts There, & Asserting Those of the proprietor, on which some 
Attempts were made lately at Court ; And he was pleased to Desire 
the Opinion of the Board as to the Heads of what he intended to lay 
before that Assembly, & then the Council adjourn'd 



At a Council at Philadia., y' 19th June, A" 171'. 

PRESENT : 

The Honblc WILLIAM KEITH, Esqr., Lievt. Govr. 
Richard Hill, Jonathan Dickinson, 

Isaac Norris, Robert Assheton. 

James Logan, 

The Governour laid before the Board a List of Names of Persons 
That were Recommended to Him by the members of Assembly, at 
the County of New Castle, to be Magistrates for the three Lower 
Counties of New Castle, Kent & Sussex, & was pleased to Desire the 
opinion of the Board whether they were fitt persons to act in that 
station ; And then the Council Adjourned. 



At a Council at Philada., y' 22d June, A". 1717. 

PRESENT : 

The Honble. WILLIAM KEITH, Esqr., Lieut. Govr. 
Richard Hill, Jonathan Dickinson, 

James Logan, Robert Asshe'on. 

The Govr. Acquainted the Board That his predecessor, ColL 
Gookin, had lately accused to him in a particular manner, some per- 
sons in the Government, of whom one is a member of this Board, as 
highly disaffected to his Majesty the King & hisGovernmt ; That he 
thought such an Accusation from a person who might be supposed 
from his long Residence here & Station in the Government, to know 
the men he spoke of, Required the Govcrnour's notice without delay, 
That he miglit discharge his Duty to his Majesty, by Removing such 
members from the Board, if Guilty, or if Otherwise, that they might 
have an opportunity of Clearing themselves of the Imputation, on 
which the Governour askt the Opinion of the Board. 

But the Council being thin, it was proposed and agreed. That a full 
Council should be Summoned to meet on Wednesday y" Twenty sixth 
Inst.; That in the meantime Jonathan Dickinson & Robert Assheton 
should acquaint CoUo. Gookin of the sd. Appointment & End of the 
sd. Councils Meeting, And that the Govrnr. was of Opmion that his 
Attendance at that time would be necessary to Enable him by a fur- 
ther & fuller Information to proceed more Regularly in y' matter. 



4 MINUTES OF THE 

The Secretary by the Governours Order laid before the Board a 
Letter he had Received this Afternoon from John Cartledge of Con- 
esto^oe, Givino- him an account of some Disturbance amongst the 
Indians there; as also one Inclosed from Lahja, Civility, &i some 
others of the Chiefs of the Indians on Susquahanna, wherein they 
desired him to come to them without Delay, to consult with them 
about affairs of Great Importance: They having no notice ('tis 
Probable) of the Governours Arrival. The Governour Hereupon 
lliouffht it Incumbent on himself to give them a visit, And to the 
End they might have time, as they desired, to Call their people 
together, he was pleased to appoint the seventeenth day of July next, 
to be the time he wou'd see them at Conestogoe ; And in tlie mean 
time the Secry. was Ordered to write a Letter to them to that purport, 
and to send them a Belt of Wampum as a Token of ffricndsbip 
& Confirmacon of this message. 



At a Council held at Philada., the 26th of June, A" 1717. 

PRESENT . 

The Honble WILLIAM KEITH, Esqr., Lieut. Govr. 
Richard Hill, Samuel Preston, 

Isaac Norris, Anthony Palmer, 

James Logan, Robert Assheton. 

Jonathan Dickinson, 

A full Council being met, according to appointment, The members 
Ordered at the Last Sitting to give Collu. Gookin Notice of the 
Councils Meeting this Day, in order to hear his allegations agt. 
those persons he had accused to the Governr. as highly Disaffected 
to his Majesty ^- his Governmt, acquainted y' Governour that they 
had given Collo. Gookin Notice of the sd. Appointment, And that 
ho told them that v/ftatever he had heretofore said of any member of 
Council or person in this Govermt., he knew no such person now, &, 
had nothing to Lay to their Charge; That However according to 
appointment, he was waiting in the Next Room, to know the Gov- 
ernours pleasure, & being desired to walk in. 

The Governour told Collo. Gookin, that as he had not long since 
accused to the Governour some persons in places of Trust in this 
Governmt., as highly disaffected to his Majesty, the King & his 
Governmt. The Governour found it Incumbent on him, in Dis- 
charge of the Trust Reposed in him by his Majesty, to make a full 
Inquiry into that matter, for that he thought it of the Greatest Im- 
portance to himself, & for his own safety, that those who were in 
any Trust under Him, but more Ef;pecially such as Sat with him at 
that Board to Advise about the affairs of Governmt., shou'd be per- 
sons of Integrity •& Loyalty, cV: truly well affected to his Majesty & 
his Government. That he had been arrived in the Colony but a 



PROVINCIAL COUNCIL, 5 

very Little time, & therefore had but few Oppertunitics of Knowing 
the Gentlemen whom he found in trust, so particularly as miglit be 
necessary in such Cases. That it is true he had been in some mea- 
sure acquainted with most of them, when he bore another Comission 
in these parts since his Majesties accession, <5' had not the Least sus- 
picon of their being disaffected. But that Collo. Gookin, by liaving 
Resided here so many Years, invested with tlie Powers of Govern- 
ment, must be supposed to have had much better Opportunities of 
Knowing & Distinguishing persons; however that those who vriG.de 
up this Board were the same persons he found members of it at his 
Arrival, & t!.5at hs hadnotJSince made any alterations: Yet if Collo. 
Gookin cou'd Charge any of them with DisafTection to his Majesty 
& his Governmf., tho' Collo. Gookin Himself had not done it, the 
(lovr. was Ready upon his Information to Proceed agt. them, &; 
therefore desired Collo. Gookin, now at this meeting of the Council, 
which was appointed for this very purpose, to Exhibit particularly 
what he had agt. any Person who was either a member of the Board 
or in any other place of Trust in y'' Government, and the Governour 
wou'd not fail to Exert his power to have full Justice done to the King 
his master. 

Collo. Gookin answered, that it was true that hs had told the 
Governour his Thoughts of Some persons, but that v/hatever he had 
formerly Believed of them ; yet seeing they had taken y" Oaths or 
Affirmacons prescribed by Law, he believed now he had been mis- 
taken. That His former accusUions v/ers the Effects of his pas- 
sions, for that he had no matter of (fict nor Expressions to Charge 
any of the persons accused with, nor Had any thing against any of 
them. That his Physitian Knew he had been Lately under a great 
Indisposition of Body which had Disordered his Head, and he be- 
lieved that what he had said of tliosc matters to the Governour was 
owing to that only. 

The Governour again put it upon him to declare, v/'iefher Directlv 
or Indirectly he knew anj^ thing, either in fact or words arrt. the per- 
sons he had accused, to which Collo. Gookinagain Reply'd, That he 
knewnothing of any kind whatsoever. 

The Governr. then desired to know of the Board, whofher any of 
them had any Objection agt. his taking the Answr. of Collo. Goo- 
kin as a full acquittal of the persons Chi^rg'd from those accusations. 
The Board were unanimously of Opinion, That Collo. Gookin had 
fully Cleared all those he had accused, and the Governour had fully 
discharged his Duty to the King herein, upon which Collo. Gookin 
had Leave to v/ithdraw. 

The Letters produced at the last meeting of the Council, relating to 
the Indians, were again Read, that the members who vi'ere not present 
at tho Last Meeting might be acquainted with them; and the Gover- 
nour now also proposing his former Resolution of Going himself in 
Person to Conestogoe, it was approved of by the Board, & Divers 
mom hers Exprest their rcadyncss to wait on him thither. 

VOL. III. 



6 MINUTES OF THE 

The Govemour farther proposed to the Board, to consider whether 
it wou'd not be requisite to add to the Council some persons Resi- 
dent in the Lower Counties, that they might be y' more Capable of 
Serving the Interest of the pubUck there, which he recommended to 
their Consideration, & then the Council adjourned. 



At a Council at Philadia., 4th of July, A°., 1717. 

PSESENT : 

The Honble WILLIAM KEITH, Esqr., Lievt. Govt. 
Jasper Yeates, Samuel Preston, 

Richard Hill, Anthony Palmer, 

James Logan, Robert Assheton. 

Jonathan Dickinson. 

The Governour acquainted the Board, That as in a fur mo r Con- 
sultation Relating to the Three Lower Counties, it was thou;.rht Re- 
quisite that some persons resident in those Counties shou'd be -idded 
to the Council. Among those who had been mentioned, Collo. John 
ftrench appeared, in the Opinion of the Board, to be Particularly In- 
tituled to all the distinguishing marks of Respect &i flavour that 
cou'd be shown Him for his known abilities to serve the Governmt., 
& his ffidelity to the proprietor «fc his Interest manifested upon all 
Occasions; so now the Govr. Judg'd it a proper time, with the ap- 
probation of the Board to admit him, being desired by the Governour 
to attend for that purpose: Which nomination being generally ap- 
proved of, The sd. John ffrench was call'd in by Jasper Yeates & 
Samuel Preston, & accordingly admitted & sworn of the Council, 
"having ffirst taken & subscribed all the Oaths to the Governmt. 
Enjoyn'd by act of Parliament, & then took his Place. 

The Governour then proceeded with the Advice of the Board, to 
Nominate the persons who should fill the Comissions for Judges, & 
Justices, in each of the three Lower Counties ; and being agreed on, 
the Lists were Given to the Secretary, with Orders to prepare the 
Comissions, And then the Council adjourn'd. 



At a Council at Philadia., y« 15th July, A" 1717; 

PRESEAT : 

The Honble WILLIAM KEITH, Esqr., Lievt. Govr. 

Richard Hill, Samuel Preston, 

William Trent, Anthony Palmer, 

James Logan, Robert Arsheton, 

Jonathan Dickinson, John French. 

A Pclicon of Thomas Masters was this Day Read at the Board, 
as followeth : 



PROVINCIAL COUNCIL. 7 

To the Honble William Keith, Esqr., Lievt. Govr. of the Pro- 
vince of Pennsylvania, & Three Lower Counties. 

The Peticon of Thomas Masters 
Humbly Sheweth : 

That at the Humble Representation of your peticoner's Wife, 
Sybella Masters, his Majesty has been graciously pleased to Grant 
him Two several patents under the Broad feeal ; one for the sole 
Cleansing, curing (k, Refining of Indian Corn Growing in the Planta- 
tions, filter for Shipping & 'I'rnnsportation, in a manner not before 
found Out &- practised. The Other for the Sole Working & Weav- 
ing in a New method, Palmeta, Chip & Straw for covering hatts & 
Bennetts, & other Improvements of that Ware, for the Respective 
Terms of ffburteen Years in that Part of the Kingdom of Great Brit- 
ain Called England, Dominion of Wales, & Town of Berwich upon 
Tweed, *Ss the Several plantations in America, as by the sd. Letters 
Patents, (which he now lays before this Honble Board,) may more 
at Large appear. 

Your peticoner prays Leave to Record the sd. Patents in the Pro- 
vince & Territories, & such a favourable Recommendation thereof 
from this Board, as may the more Effectually answer his Majesties 
most Gracious Intentions to him. And promote & ffbrward such use- 
full Inventions & Manufactures to the Publick, Which he has at a 
vast Expence, Set a foot & projected. 

And your peticoner shall ever pray, &c. 

THO. MASTERS. 

The Board having taken the sd. peticon into Consideracon, 
thought fitt not only to allow the sd. Thomas Masters to Record 
the sd. pa'ents, but also to Publish them. 

The Governour Acqainted the Board that he Intended to set out 
for Conestogoe to morrow morning early, & Askt the Opinion of the 
Council whether some presents shou'd not be provided as usual, to 
give the Tndii:ns, & to what value. The Board were of Opinion that 
Goods to the value of Twenty pounds should te provided, and the 
Secretary having some Goods at Conestogoe, was Ordered to Dis- 
burse y' same. 



At a Council at Conestogoe, y" ISth July, 1717. 

I'RESENT : 

The Honble WILLIAM KEITH, Esqr., Lieut. Govr. 
Richard Hill, Anthony Palmer, 

Isaac Norris, Robert Assheton, 

James Logan, John fii'ench. 

Present also the Chiefs 4' others of the Conestogoe or Mingoe 
Indians, the Delawares, the Shawanois & Gunawoise, all Inhabi- 
tants upon or near the Banks of the River Susqueliannah. 



8 MINUTES OF THE 

The Chiefs of the sd. Indians being met to Confer & treat with the 
Governr., Peter Bizalion was sworn to Interpret truly & ffaithfullr 
in the De'.awaic Indian Tongue what should pass between the Govr. 
& Council on the one hand, & the Indians on the Other. 

The Governour told the Indians that they liaving lately sent a 
Message by a Letter to the Governmt. at Philada., Desiring our 
advise & assistance in some matter of Importance, which seem'd 
nearly to touch them, And the Governr. being lately sent over by 
their Great Good flriend & Brother, William Penn, to act in his place 
& stead, in Affairs of Governmt., while he Himself is Absent & 
near the Great King or Emperour of all the English, The Governr. 
was Desirous without delay to Come with some of his Council to see 
them, & Enquire what new matter had befall'n them, which had 
rendered them uneasie; And for this End he is now come with his 
Council as their Brothers & ffriends, to Hear & Speak with them, 
and to give them all Necessary Assistance. 

After some time s])ent among themselves in Consultation, the 
Mingoes or Indians of Conestogoe Ansv/er'd, That the Occasion of 
their blc Letter was to know of the Governmt. what Christians 
were settled Back in the Woods beliind Virginia & Carolina ; That 
they Inquire only about the Christians, with whom we must be bet- 
ter acquainted than they, for they wou'd not Inquire of us Concerning 
the Indians, being more Capable to Learn it themselves. 

The Governour answered that they well Knew the Settlements of 
Maryland, Virginia <fe Carolina, to the Southward of us, all Which 
were subject to the same Great King of England ; that each of these 
had Nations of Indians under their protection Respectively, whom 
they fturnished with Goods & Merchandize, as they themselves are 
under our protection, & ffurnished by us; And that there are no 
Other English subjects settled in those parts but such as Belong to 
«ome of those Governmts. 

To which the Indians Appearing unwilling to Answer any thing 
fl'urthcr ; The Govr. Preceded, & told them, by the Interpreter, That 
they Knew it was the Custom that on Business & Treaties the Indians 
Shou'd Come to Philada., But that the Governr. ffinding soon after 
his Arrival, that they were Uneasie, & Wanted the Advice of the 
Governmt. of Pensilvania as their best ffriends, so he cou'd not be 
satisfied when he Heard of it, till be Came to see them ; That being 
sent by their Good ffriend, William Penn, to be to them in his Stead, 
he Expected the same ffreedom & Openness on their parts, thatthey 
shou'd show to himself, if here present. 

They then prooceeded to say that about two moons or months 
agoe, a young man, Son to Ovwchela, a Chief of the Delaware Indi- 
ans, had been kill'd by some of a Large Company, made up of 
Christians & Indians ; that on this news they apprehended there were 
some Considerable fforccs arm'd agt. them ; Upon which they sent 
to their ffriends, the Governmt. of Pcnsylvania ; But if those Chris- 
tians were English, they should Inquire no ffurther about it. 



PROVINCIAL COUNCIL. 9 

The Governr. then desired a Particular Account of the Loss of 
that young Man, with all the Circumstances of it, to wliich it was 
answered ; 

That above two months ago, Owechcla's three Sons, with ffour 
other Indians, Hunting beyond the fiuriliermost Branch of Poto- 
mack, They Discovered about Thirty Christians, armed Horsemen, 
<Sc about as many Indians, from whom they retired ; 'I hat only those 
three Brothers being near each other in pursuit of their Game, about 
Ten Days after, & about Twenty fRve miles Distant from the place 
where they saw that Large Company, & Ranging at some Distance, 
one of them on the off side heard some fiiring of Guns ; that he 
thereupon Avoided the place, but not Lonnj after Steering t hat way, 
he tTound his Brother shot with two Arrows in his side, 61 his Head 
Cutt oif, & Carried away ; That by tracing those Indians, & observ- 
ing where they had Layn, they appeared to have been about Thirty 
in Number, and that another Indian had Inform'd them the Chris- 
tians about the same time this murder was Committed, were Encamp- 
ed at or near Ihe same place Where these Indians had first seen 
them about ten days before, ffrom whence they Concluded these 
Indians must have been the same they saw with the Christians, but 
that those who Escaped saw none of those people at the time, who 
had Comitted the ffact, & they had nothing further to say. 

The Governr. told them he woul'd Dismiss the Council for this 
Day, & speak further to them to morrow, he Dcbirtd lliem to think 
in the meantime what Ihey might have further to propose, and the 
Council adjourning accordingly; the Govrnr. Entertained the Indiaa* 
in the most ffriendly manner. 



At a Council held at Conestogoe, y' 19th July, 1717. 
TRESEN r: 
The Honble WILLIAM KEITH, Esqr., Lievt. Govr. 
Richard Hill, Anthony Palmer, 

Isaac Norris, Robert Assheton, 

James Logan, John ffrench. 

Present also the Cheifs, & others of the Conestogoe or Mingoe In- 
dians, The Delawares, theShavvnois and Gunawoise, all Inhabitants 
upon or near the Banks of the River Susquehannah. 

A memorial from Capt. Christopher Smith, of Virginia, having 
been presented to the Governour, was Read at the Board in y' words 
ffollowing, vizt. : 

To the Honble William Keith, Esq., Lievt. Govr. of the Province 
of Pensilvania & Counties of New Castle, Kent & Sussex, upon De- 
laware ; and the Honble Council at Conestogoe, Capt. Christopher 
Smith humbly Sheweth, 



10 MINUTES OF THE 

That he beinT Comissionated & Instructed by the Honble Alexan- 
der Spotswood,''Esqr., Govcrnr. of Virginia, to Go to New York, 
and with the Lvcence & permission of the Governr. of these sd. 
province of New York, to Discourse with the Indians at Albany or 
elsewhere, Concernino; the murdering of some Catabaw Indians at 
ffort Christianna. in the Colony of Virgiriia, who are in amity with 
the sd. Governmt. of Virginia, which sd. Insult was then supposed to 
he committed by the Senequa Indians, and also to Demand the Deli- 
very up of the prisoners taken at the place aforesd., with Reparation 
for'the Ifi'ults Done upon the sd. Catabaw Indians. 

And whereas the sd. Christopher Smith, by the assistance of his 
Excellency Brigodeer Hunter, Governour of New York, hath Pro- 
cured the Confession of the sd. Senequa Indians, wherein they ac 
knowledge that some of their men were Concern'd in the Killing of 
some of the sd. Catabaw Indians near ffbrt Christiana aforesd., but ■ 
Do say that they did not know the sd. Catabaw Indians were in 
amity or upon a Treaty v/ith the Governmt. of Virginia, and have 
now Ingaged for themselves, that all acts of hostility agt. the sd. 
Catabaw Indians, or any others in amity with the sd. Governmt. of 
Virginia shall >eavc, and if the Woman Prisoner Lately taken in 
Virginia by some of their men, who (at present is Escaped out of 
their hands) be taken up by any of their people, that she shall be 
safely delivered up to the Governr. of New York, in order to be sent 
back to Virginia; and the -sd. Christopher Smith being lately In- 
form'd, that some ofthe Shawnois Indians in the province;of pensil- 
vania, & in amity with this Governmt., were present & Concern'd 
in the murder & Insult aforesd., Comitted at ffort Christianna afd., 
Humbly Request Your Honours assistance & Countenance in ob- 
taining an Interview with }'" sd. Shawnoise Indians, & an Interpreter 
to assist him in Discoursing with the sd. Indians; and if it appears 
that any ofthe Indians in ffreindship with your Governmt. have been 
Concern'd in the Comitting the aforesd. ffact, That the sd. Christo- 
pher Smith may have your hnnrs. assistance & Countenance in pro- 
curing Reparation for the Wrong done, but if it appear that none 
ofthe Indians in Covenant or fiVeindship with You have been Con- 
cern'd in this Cruelty, that then he may be assisted in making such 
Terms of flreiiulship with the sd. Indians, which by his Comission 
he is fully Impowered to Do, as for the future may do for the safety 
& Quiet of his Majesties subjects, and the Indians in amity with the 
Governmt. of Virginia & Pensilvania. 

CHRISTOPHER SMITH. 

The sd. Capt. Smith (being desired so to do,) produced his Co- 
mission from the Governr. of Virginia, under the Seal of that 
Governmt., together with his Instructions Referr'd to in his sd. Com- 
mission, both which were also Read. 

And because the subject of the sd. i-nemorial principally Concern'd 
the Shawnoise Indians, Martin Chartiere, who understood & spoke 
their Language well, vv-as sworn as Interpreter on this Occasion. 



PROVINCIAL COUNCIL. 11 

The Insult lately made on the Governnat. of Virginia, at the fort 
Christianna, as it is mentioned in the sd. memorial was then fully 
Related to those Indians, and they were Required to Inform the 
Governr. whether any of their nation were Concerned in that fact, 
or know any thing of it. 

They answered, that Six of their men had accompanj'd that party 
of the ffive Nations who had Comitted the ffact, but that none of those 
Six were here present, their Settlemts. being much Higher up Sus- 
quehanna River, and being askt such further Questions as Capt. 
Smith requested might be proposed to them in this affair, they an- 
swered to them severally as follows, viz: 

That according to the Information they had Received from the Six 
persons aforemenconed of their Nation^ after their return home, there 
were only Eighteen persons of the whole Company Imploj'd in that 
attack near the sd. flbrt Christianna, and that the above menconed 
six of their nation were with the Rest, at some Considerable Distance 
by the side of a Creek or Brook, &; were no way Concern'd in it, nei- 
ther did they know any thing of it untill the Return of the sd. Party 
of Eighteen who had Kill'd Six men on the spot, took one prisoner 
who soon made his Escape, & a woman whom they Carried along 
with them, and that this was all they knew of that matter. 

Being further askt whether any of their Indians knew any thing 
of Killing Major Joshua Wynne, in Virginia about five years agoe, 
They snid they did not know any thing of it. 

Whether they knew any thing of the Indians killing a Negroeman 
in Virginia, Belonging to Capt. Robert Hicks, about ttbur years agoe. 
They answered they knew nothing of it. 

Being askt what they knew of some Indians of the ffive nations 
having about ffour Years agoe plundered a Company of Virginia 
Indians, Traders at Enoe River. 

They answered that they had often lieard talk of such a thing, but 
that none of them were Concern'd in it, or cou'd Give any account 
of it. 

The Shawnoise & all the Indians present were further askt 
whether they had any prisoners of the Catabaw Nation, or of any 
other Nation in ffriendship with Virginia. The Shawnois answered 
that they had one prisoner, a young man taken some years agoe, 
whom they Produced ; but all the Others answered they had none. 

It was demanded ©f the Shawnois that this prisoner shou'd be 
Return'd to to the Catawbras, from whom he was taken. Their 
King or Chief answered that they had taken him several years agoe, 
when he was but a little Lad ; that he had now forgot his Native 
Language, & spoke theirs, and that they did not think themselves 
Obliged to Return him at this time. 

Being further prest to it, The Chief answered that if the King of 
the Catabaws, whom he now understood were in League with Vir- 
ginia, would come hither & make a peace with him & his people, (the 



12 MINUTE3 OF THE 

Shawnois,) he might h.ive that young man Back with him, if it was 
desii'd; but that the Catabaws were a people of Great Exlent, & 
there were many Naliona under that name. 

The Young Man was askt whether he was willing to RetuTn, but 
would give no Answer. 

Capt. Smith proposed that he might have Liberty to treat with 
those Indians, in Order to make a League with them in behalf of the 
Governmt. of Virginia, to which he was authorized by CoUo. Spots- 
wood, Comission & Instructions. 

The Governr. answered thai he did not Conceive it to be necessary 
or usefuU that any persons v/hatsoever should be permitted to Treat 
with the Indians, Except the Governmt. of that Colony, to which the 
Indians Respectively belong'd ; but if Collo. Spotswood (for whom 
the Governour had a very Great Regard) Desired to make any 
treaty with the Indians who Liv'd under the protection of fhis 
Governmt., for Establishing a peace &Good understanding between 
them & the Indians under the protection of Virginia, The Govrnr. 
Himself, with advice of his Council, would heartily En-deavour to 
Accomplish a treaty upon such reasonable Terms as Collo. Spots- 
wood might propose in behalf of Virginia ; and that in the mean 
time the Governr. wou'd now at this Juncture (as it has been usual 
in this province) insist upon our Indians ffriendship to, & a good 
Correspondence with, all the English Colony's, with their dependant 
Indians, & Virginia in Particular. 

The Governour then spoke to the Indians by the interpreters, in 
the words &; manner ffoUowing : 

That they must Carefully remember that all the several Go- 
vernmts. , (which the Interpreters particularly Enumerated,) from 
New England to South Carolina, Inclusive ; Tho' they have Different 
Governours, Yet they are all subject to the Great King & Emperour 
of the English ; so that when any Governmt. makes a Treaty of 
ffriendship with the Indians, they must also treat &- make the samie 
bond of ffriendship for all other English people, as well as them- 
selves ; By which means all the Indian nations who arc in League 
& ffreindship with any English Governmt., must also be ffreinds to 
each other. 

If, therefore, any of you shall Hurt or molest the Indians who 
are at this time in ffreindship with any English Governmt., You 
thereby Break the League of ffreindship made With this Governmt', 
Which, as it has been most Inviolably Observed on our part, We Do 
positively Expect the same to be Done on yours ; and if any of you 
Receive Damage, or are Injured by Indians who are in peace with 
any English Governmt., If you can discover what Indians they were 
that did if. This Governmt., on your Complaint, will Endeavour to 
procure Satisfaction from that English Governmt. to which such In- 
dians belong. 



PROVINCIAL COUNCIL. 13 

The Governr. further told them by the same Interpreters, tliat he 
having Given Himself the trouble to come hither at this time, upon 
their Request he had not provided himself with any presents for 
them, being they knew that Philadelphia has always been the place 
of Treaty with this Governmt., where they ought first to come & 
offer theirs. 

But Nevertheless, that it being the first time the Govr. had seen 
them, be would take this Oppertunity to put them in mind of several 
parts of their Duty, Which that they might more punctually observe, 
he had purchased a few things from the Traders, as a small testi- 
mony of his Good will toward them. 

Then the presents being laid upon the Ground before the Indians, 
The Governr. proceeded to tell them. 

A. 1st. That he Expected their strict observance of all former Con- 
tracts of ffreindship made between them &, the Governmt. of Pensil- 
vania. 

2dly. That they must never Molest or Disturb any of the English 
Governmts., nor make War upon any Indians whatsoever who are 
in ffreindship with &!, under the Protection of the English. 

3dlj. That in all Cases of Suspition or Danger, they must advise 
& Consult with this Governmt. before they undertook or Determined 
any thing. 

4thly. That if through accident any mischief of any Sort shou'd 
happen to be Done by the Indians to the English, or by the English 
to them, then both parties shou'd meet with hearty Intention of 
Good Will to Obtain an acknowiedgemt. of the mistake, as well as 
to give or receive reasonable satisfaction. 

5thly. That upon these Terms & Conditions the Governour did, 
in the name of their Gre;it & Good ffreind William Penn, take them 
& their people under the same protection, & in the same ffreindship 
with this Governmt., as William Penn himself had formerly done, or 
Cou'd do now if he was here present. 

And the Governour hereupon did promise on his part to Encou- 
rage them in peace, & to Nourish & Support them like a true ffreind 
& Brother. 

To all which the several Cheifs & their Great men presently as- 
sented, it being agreed, that in Testimony thereof they shou'd Rise 
up & take the Governour by the Hand, which accordingly they did, 
with all possible marks of ffreindship in their Countenance & Beha- 
viour. 

These leaves were out when delivered to Richard Peters. This 
is written on a fragment of one of the torn out leaves which are three 
in number. 



14 MINUTES OF THE 

At a Council hold at Philadia., y' Slst July, A"., 17 IT. 
present: 
The llonhle WILLIAM KEITH, Esqr., Lievt. Govr. 
William Trent, Jonathan Dickinson; 

Richard Hill, Samuel Preston, 

James Logan, Robert Assheton. 

The Secry. Exhibited an Accot. of Sundry Disbursements & 
Charges of the Governr's. Journey & Treaty with the Indians at 
Conestogoe, amounting to fiarty one pounds, one shillmg & ffour 
pence half penny, which was Kcad and allowed, and the Treasurer 
is Ordered to pay the same. 

The Governour acquainted the Board that he Intended, upon his 
arrival into this Province, to have called the Representatives of the 
same, to meet him in Assembly; hut Considering the season of the 
Year Required their attendance on their private affairs, he Delay'd it 
till this time ; That he Intended to set out this afternoon for the 
County of Sussex, in order to Countenance the Justices, whom he 
had commissionated in administring of Justice, the Court being to 
be held there in a short time, and was pleased to ask the advice of 
the Councill, whether it was not Convenient that Warrts. should be 
Issued out, Directed to the Sherifs of the Respective Counties of this 
Province, Requiring them to summon the severall Representatives of 
the same, to meet him in Assembly, on the Nineteenth day of Au- 
gust next, at which time he Intended to be back again ; It was there- 
fore Ordered, that Writts shou'd be Issued out Immediately, &, then 
the Council adjourn'd. 



At a Council at Philada., y'20th August, A"., 1717. 

PRESENT : 

The Honble WILLIAM KEITH, Esqr., Lievt. Governr. 
Samuel Preston, Anthony Palmer, 

James Logan, Robert Assheton, 

Robert Assheton was sent to the House of Representatives to give 
them notice that the Governour was ready to receive them, who 
return'd and said that the House wou'd wait upon the Governour 
Immediately. The Assembly being Come, The Governr. made the 
ffol lowing speech. 
Mr. Speaker & Gcntl. of the Assembly: 

Being informed upon my arrival here that the season of Harvest 
then at hand could not well permit you to meet me in your Represen- 
tative capacity, until that bussie time was over, I did out of a tendei- 
Regard to your Interests then dflay the satisfaction I still proposed 
to myself in meeting with this present Asssembly, and I will always 
endeavour to make the 'J'ime You must necessarily bestow on the 
Publick Service as easie &. pleasant to yourselves, as 1 hope it will be 
'profitable & satisfactory to the Country in General. 



PROVINCIAL COUNCIL. 15 

If an affectionate Desire to Oblige and Serve the People of this 
Province, Can Qualify me in their good Opinions for the Station 
wherein I am now plac'd, may then expect that the Countreys and 
the Governours Interest will be st) effectually Established upon one 
bottom, as that he who truely wishes well to either, cannot but find 
himself engag'd to serve both. 

And you yourselves may easily infer the Warmth of my Inclina- 
tions towards the service and prosperity of this Countrey. 

First, from the Expensive Application last year, by which I Care- 
fully Introduced to his Royal Highness the Prince of Wales, then 
Regent, the humble Address of the Assembly of this Province to the 
King, in such manner as freely to Obtain his Royal Highness's most 
Gracious assurance; That the people called Quakers were a Body of 
Loyal subjects, for whom the King had a Great Regard ; That his 
Highness was Sorry the King was not then present to have received 
60 good an address himself, but that the Quakers might at all times 
depend on his Highness's Good will to Serve them in any thing they 
had to ask of the King his Royal Father. 

Then the Diligence wherewith I obtain'd at a Considerable Charge 
the Commission of Governour, without any other Certain prospect or 
advantage, but only that I should be thereby enabl'd more Effectu- 
ally to serve you. 

And Lastly, by the great fatigue I have under gone since my arri- 
val here, that no Oppertunity might be slipped to Encourage Virtue 
and promote the General good of your Countrey. 

But these considerations are Trifles, compar'd with the Indispen- 
sible Obligations that is of necessity upon you to Support the Dignity 
and Authority of this Government, by such a reasonable and dis- 
creet Establishment as the nature of the thing and your own Genero- 
sity will direct; And whatsoever You shall think fitt to do in that 
kind, pray let it no longer bear the Undeserved and Reproachfull name 
of a Burthen upon the People, but rather let your Governour be 
Enabled to relieve the Countrey from real Burthens, By putting it in 
his power to direct a better Economy, and more frugal management 
of such Taxes as would answer the uses fur which they are intended, 
if not squander'd by the barefac'd partiality and unprofitable ex- 
pence of the Officers appointed to Assess and Collect the same. 
Gentlemen : 

I doubt not but you will take this first Oppertunity, under a new 
Administration, to Examine the state of your Laws, in order to revive 
some that are Obsolete or Expir'd, and to make such alterations and 
Additions as shall be found necessary for perfecting the Constitution 
and good order of Government in this Province, ffor that End I am on 
my part ready to Concur with you in every thing which you can 
possibly desire or expect from a Governour, who Conscientiously 
Intends to Observe, and steadily resolves to pursue the Duty of hie 
Office. 



16 MINUTES OF THE 

At a Council at Philadia., y'24th August, A"., 1717. 

PRESENT : 

The Honble WILLIAM KEITH, Esqr., Lievt. Govr. 
Jonathan Dickinson, James Logan, 

Isaac Norris, Robert Assheton. 

The Assembly waited on the Governour with two acts, which the 
Speaker desired the Governour to Pass into Laws, vizt. : An act In- 
tituled an act ftbr Raising a Supply of One penny per pound & ffour 
shillings per head ; An act for Regulating the Elections of Sherifs 
and Coroners, which sd. acts the Governour past into Laws ; After 
which the Governour made the following speech. 
Mr. Speaker & Gentl. of the Assembly : 

I Received a very aflectionate address from your House for which 
;1 heartily thank you, and the Generous acknowledgement you have 
been pleased to make of my Late Endeavours to serve this Coun- 
trey, Cannot but Greatly Encourage me Diligently to Carry on the 
same Publick service in all its parts. Your dudifuU Expressions of 
Loyalty and Affection to the King & Royal ftamily, shall be Care- 
fully represented by me to his Majesty and his servants in the Minis- 
try ; and while the spirit of unanimity, and so amiable a Temper 
with Respect to Government is Continued and preserved amongst 
you, I will take upon me to say, that you may be ffirmly assur'd of 
the Kings ffavourable Countenance and Gracious Condescention iu 
all your applications to the Throne. 

Gent. : Since you have Observed to me, that it will be Inconve- 
nient for you to Enter upon any business now which may detain you 
ffrom your urgent affairs at this time in the Country, I can't but Con- 
descend that you make such an Adjournment as you think will best 
suite with the season of the year, for I shall still have a great Regard 
to the Opinion, as well as to the advantage and Ease of so good an 
Assembly. 

The Speaker desir'd that the Governour wou'd be pleased to Issue 
Out Comissions of the peace for the Respective Counties of this 
Province, the Courts being nigh at hand, and that he wou'd Exjjedite 
theTryal of the Criminals in the County of Chester, and acquainted 
the Governour that the House Intended to Adjourn to the — & — , 
4" Desired to know if the time of Adjournment any wise Interferr'd 
with the Governours affairs. 

To whicli the Govcrnr. answered, that the Comissions of Peace for 
each County shou'd be Issued out Immediately, and that to the time 
«f their Adjournment he had no objection. 



PROVINCIAL COUNCIL. Lf 

-At a Council at Philada., y' 26th August, 1717. 

PRESENT : 

The Honble WILLIAM KEITH, Esqr., Lievt. Govr. 

William Trent, Jonathan Dickinson, 

Richard Hill, James Logan, 

Isaac Norris, Robert Assheton- 

The Governour proceeded with the advice of tiie Council to nomi- 
nate persons to ffill up the Comision of peace for the County of 
Chester, and produced a List of Names Recommended to him by 
the Assembly, Which was read & approved off, and it is Order'd 
that a Comission be forthwith Issued out. 



At a Council at Philada., y' 1st Septemr., 1717. 

PRESENT : 

The Honble WILLI \M KEITH, Esqr., Lievt. Govr. 

William Trent, Anthony Palmer, 

Isaac Norris, Robert Assheton. 

James Logan. 

The Governour Proceeded with advice of the Council to nominate 
persons To ffill up the Citmission of Peace for the County of Philada., 
and the persons following were appointed, vizt. : Richard Hill, Isaac 
Norris, James Logan, Anthony Palmer, Nathan Stanbury, Edward 
fHirmer, Rowland Ellis, Benjamin Vinning, Josiah Rolfe, John Swift, 
Robert Jones, Clement Plumsted, Morris Morris, also the Mayor and 
Recorder of the City of Philada. for the tima being, and a Comission 
was Order'd to be Drawn Directed to the sd. persons to pass the Great 
Seal. 



At a Council at Philada., y' 7th Septemr., A". 1717. 

PRESENT : 

The Honble WILLIAM KKITH, Esqr., Lievt. Govr. 

Jasper Yeats, Jonathan Dickinson, 

Richard Hill, James Logan, 

Isaac Norris, Anthony Palmer, 

Samuel Preston, Robert Assheton. 

The Governour proceeded with the advice of the Council to nom- 
inate Persons to ffill up the Comission of Peace, for the County of 
Bucks, and the persons ffollowing were appointed, viz: Joseph 

VOL. III. 



18 MINUTES OF THE 

Kirkbride, Jeremiah Langhorn, Thomas Stevenson, Thomas Watson, 
Everard Boulton, Thomas Watson of Buckingham, William Biles, 
Anthony Burton, John Snowdon, Joseph Bond, John Hall & Chris- 
topher Vansant, and a Comission is Oider'd to be drawn, immediate- 
ly to pass the Great Seal. 

The Governour acquainted the Board that the Speaker of the 
Assembly had presented him a Bill drawn upon the Treasurer for 
fforty pounds, payable to such person as the Governour shou'd ap- 
point Attorney Genii, of this Province, and the Governour named 
Andrew Hamilton as a person who he believed wou'd be found as 
Capable of that Office as any in the place, and thereupon desir'd 
the Opinion of the Board, who unanimously Concuii'd %vith the 
Governrs. nomination. 

The Governour Observ'd to the Board that great numbers of 
foreigners from Germany, Strangers to our Language & Constitu- 
tions, having lately been Imported into this Province daily dispersed 
themselves Immediately after their Landing, without producing any 
Certificates, from whence they came or what they were; and as they 
seemed to have first Landed in Britain, and afterwards to have left 
it without any Ly cense from the Governmt. or so much as their 
knowledge, so in the same manner they behaved here, without making 
the least application to himself or to any of the magistrates; That 
as this Practice might bo of very dangerous Consequence, since by 
the same method any number of foreigners from any nation what- 
ever, as well Enemys as friends might throw themselves upon us; 
The Governour therefore thought it requisite that this matter should 
be Considered by the Board, and accordingly it was Considered, and 
'tis Ordered thereupon. That all the masters of vessels who have 
lately Imported any of these fforeigners be summoned to appear at 
this Board, to Render an accot. of the number and characters of 
'their Passengers respectively from Britain ; That all those who are 
already Landed be required by a Proclamation, to be Issued for that 
purpose; to Repair within the space of one month to some Magis- 
trate, particularly to the Recorder of this City, to take such Oaths 
appointed by Law as are necessary to give assurances of their being 
well affected to his majesty and his Government ; But because some 
of these foreigners are said to be Menonists, who cannot for Con- 
science sake take any Oaths, that those persons be admitted upon 
their giving any Equivalent assurances in their own way and man- 
ner, and that the Naval Officer of this Port be required not to admit 
any Inward bound Vessel 1 to an I'^ntry, untill the master shall first 
give an exact List of all their Passengers Imported by them. 



PROVINCIAL COUNCIL. 19 

At a Council at Philada., y" 9th Septemn, 1717. 

PRESENT : 

The Honble WILLIAM KEITH, Esqr., Lievt. Govr. 
William Trent, Jonathan Dickinson, 

Richard Hill, Robert Assheton. 

JAMES LOGAN, Sec'y. 
Capt. Richmond, Capt. Towor, & Capt. Eyers, waited upon the 
Board with the List of the Palatines they had Imported here from 
London ; By which List it appeared that Capt. Richmond had Im- 
ported One hundred & sixty-four, Capt. Towor Ninety-one, and 
Capt. Eyers One hundred & Eight. 



At a Council at Philada., the 28th Septemr., 1717. 

PRESENT : 

The Honble WILLIAM KEITH, Esqr., Lievt. Govr. 

Richard Hill, Anthony Palmer, 

Jonathan Dickinson, Robert Assheton. 

JAMES LOGAN, See'ry. 
The Governour acquainted the Board that Coll. Spottswood, Gov- 
ernour of Virginia, being now here on a visit, had informed him that 
he had some matters of Importance to the Peace and Security of 
these Northern Colonies to Communicate to the Governour of New 
York &, himself; That Brigadeer Hunter having given Coll. Spotts- 
wood an Invitation to see him at New York, He had resolved to 
proceed thither, and that it was necessary than decent that he him- 
self also should accompany him thither; Provided, that the Council 
be of Opinion that his absence at the time of the Ensuing Elections, 
when some Officers named to the Governr., are to be chosen and 
Commissionated by him will prove no detriment to the Publick, but 
that it may be supplied in those cases by the Council ; Whereupon 
the Law Intituled, an act for the further Securing of the Adminis- 
tration of the Government, was read, by which it appeared that the 
Council, in the Governour's absence, were Invested with full power 
to act in his stead in all those Cases, as also in all others, Legislation 
only excepted. 



At a Council at Philada.., the 3d Octobr., 1717. 

PXJESENT : 

Richard Hill, Samuel Preston, 

William Trent, Anthony Palmer, 

Jonathan Dickinson, Robert Assheton. 

The Governour in pursuance of the Resolution of the Last meet- 
ng of the Board, being Departed with Collo. Spotswood for New 



ao MINUTES OF THE 

York, Severall affairs of Governn:ent Required the Council in his 
absence to meet ; and being accordingly now mett, Pursuant to 
an Act Intituled, an act for the further Securing the adm'acon of 
Governmt., Richard Flill, Eldest Councellor Present, was chosen 
Pfesident, Who took the chair, and ordered that should there happen 
to be occasion by the Lievt. Governrs. Death or Long absence, he 
being now Gone to New York with an Intent to Return in Eight or 
Ten days, That notice shall be given of such Death or Long absence 
to the Board of Trade, and also to the Governr. in Chief, according 
10 the Directions of the said act. 

Owen Roberts, Sherif of the City and County ofPhilada., waited 
on this Board, & presented his Return of Coroners for the Ensuing 
year, and Richard Walker, the ffirst named in the said Return, was 
appointed Coroner of the City and County of Philadelphia, for the 
Ensuing year. 

Enoch Story, Coroner of the City & County ofPhilada., Present- 
ed his Return of Sherifs for the sd. City & County, & Owen Roberts 
first named in the Returns is appointed Sherif of the said City & 
County of Philadelphia, for the Ensuing year. 

The. Return of Coroners for the County of Bucks was Presented 
to this Board, and William Biles first named in sd. Return is ap- 
pointed Coroner for the sd. County for Ensuing year. 

The Return of Sherifs for the County of Bucks, was Presented to this 
Board, and John Hall of the sd. County is appointed Sherif, he living 
in the Town of Bristol, which will be more convenient for the service 
of the Publick, and then the Council adjourn'd to the afternoon. 



PRESENT : 

RICHARD HILL, Presidt. 

William Trent, Anthony Palmer, 

Samuel Preston. Robert Assheton. 

The Corporation of this City Waited upon this Board, in Order 
10 Present Jonathan Dickinson, Mayor Elect to be qualified, who 
took the Qualifications by Law required. 

Owen Roberts, Richard Walker «fe John Hall, took the several 
Qualifications by Law required ; a!so, the Qualification for the Dis- 
charge of their Duty in their Respective ofiices. 

The Coroner of the County of Chester, presented to this Board 
the Return of Sherifs for the sd. County, and Nicholas ffairlamb is 
appointed Sherif of the sd. County for the Ensuing year, he Living 
in the Town of Chester, which will be convenient for the service of 
the Publick. 

. The Sherif of the sd. County of Chester Presented to this Board 
the Return of Coroners for the sd. County, and Jonas Sandeland, 
first named in the sd. Return, is appointed Coroner of the said County 
for the Ensuing year. 

The Council adjourned till To morrow morning. 



PROVINCIAL COUNCIL. 21 

At a Council at Philada,, y' 4lh of October, 1717. 

PUESENT : 

RICHARD HILL, Presidt. 

William Trent, Anthony Palmer, 

Jonathan Dickinson, Robert Assheton. 

Samuel Preston, 

The Council being met, Nicholas ffairlamb, Sherif of the County 
of Chester, took the Qualifications by Law Required, as also his af- 
firniacon for the Due Execucon of his Oflice. 



At a Council at Philada., y' 19th October, 1717. 

PRESENT : 

The Honble WILLIAM KEITH, Esqr., Lievt. Govr. 
Isaac Norris, Robert Assheton, 

Jonathan Dickinson, James Logan, Secry. 

Samuel Preston. 

The Governour acquainted the Board that he had Received a 
Letter from the Assembly at New Castle, who were now sitting, 
which was Read, and that he Intended to be theie to morrow night, 
that he thought it requisite that some of the members of Council 
shou'd attend him thither, for that he believed that the Assembly 
Intended to Proceed to Business. 



At a Council at Philada., y' 12thNovemr., 1717. 

PUESEPW : 

The Honble WILLIAM KEITH, Esqr., Lievt. Govr. 
Jasper Yeates, Robert Assheton, 

Isaac Norris, John French, 

Jonathan Dickinson, James Logan, Secry. 

Samuel Preston, 

The Governour askt the Board whether they agreed with him in 
Opinion, that it was his Duty to Call for an accot. of Certain moneys 
Received by the late Treasurer of this Province, by the Direction of 
an act of Assembly, now read, vizt. : An'act for raising Two Thousand 
Pounds for the Queen's use. and that ihe sd. money wou'd be most 
properly Lodged in his hands, whose Receipt is by the sd. act De- 
clared to be sufficient, & the only Legal Discharge therein mentioned 
to the late Treasurer his Exrs. , and the sd. act having appointed the 
Governour the Person by whom the sd. money is to be paid to the 
Order of the Crown, no time should be Lost in Calling for and se- 
curing the same accoiding to the Direction of the sd. act, to which 
the Council agreed. 



82 MINUTES OF THE 

The Governour askt the opinion of (he Board about Publishing a 
Proclamacon for giving a suitable reward to any person who shall 
in a Certain time Discover (o the Governour or other magistrates 
any Person or Persons within this Province, or that shall arrive here 
within the time perfixt, so as that they may be Convicted of Piracy, 
or to have had any Intercourse by way of Concealing or Giving 
Assistance to the Pirates, wJio have lately Infested our Coast & 
Interrupted our Trade, with a promi-e that the Governour willmost 
heartily Interest himself to obtain his Maties. most Gracious pardon 
to such of the Pirates themselves as will voluntarily come unto him 
and Discover any of their accomplices, so as that they may be con- 
victed by Legal Testimony, and that all Magistrates, &c., be strictly 
Comanded to take notice of Vagabonds &, Suspected persons, 
more Especially sea faring men, who can give no accot. of them- 
selves, that they may be secured on suspicion, in order to be Dealt 
with as the Law Directs, to which the Board unanimously agreed, 
and a Proclamacon was ordered to be Immediately Drawn. 

A Peticon of Jane Hayes & Ann Hajes, of the County of Ches- 
ter, was Read, and Deferr'd till the Atty. Genii. & Chief Justice 
were present. 

The Governour acquainted the Board that he had Deliver'd to one 
of the Proprietors Comrs,, rizt : Mr. Logan, a scheme Concerning 
the Quitrents of the three Lower Counties, and now desired Mr, 
Logan to Comunicate the same to the rest of the Comrs., that they 
make report the next Council. Then the Council adjourned. 



At a Council held at the Govts, house in Philada., y' llth fiebry. 
1717. 

PRESENT : 

The Honble WILLIAM KEITH, Esqr., Lievt. Govr. 
Richard Hill, James Logan, 

Samuel Preston, Anthony Palmer, 

Jonathan Dickinson, Robert Assheton. 

The Governour acquainted the Board, That for as much as there 
seemed to be a necessity upon him to Issue a Comision for the Tryal 
of Certain Criminals now in Goal for murther, and that he is not 
satisfied with the presendents and fTorms heretofore used in this Pro- 
vince, vizt. : to Grant such Comissions in the Governours name, 
which the Governr. Conceives from the Kings Royal Prerogative, 
as it is ascertain'd to be understood in the sense of the Law, by the 
statute Hen. 8, Anno 27, Cap. 24, ought to be granted & Issue in 
the Kings name^ 

The Governour therefore desires that the Board will maturely 



PROVINCIAL COUNCIL. 23 

Consider a matter of such Importance, and either Concur in Opinion 
with him to have Comissions of Oyer «St Terminer or Goal Delivery, 
and all Comissions of the Peace for the future to be Issued in the 
Kings name and tested by the Governour, or otherwajs that they 
will so far agree upon such other certain form, to be used in Grant- 
ing the said Comissions, as will save harmless and Justify the Go- 
vernour in his proceeding therein ; upon a Debate, and Observing 
that some members were absent, the farther Consideration of the 
matter proposed was delay'd to friday next, being y' 14th Instant, at 
nine in the morning precisely, and the Council was adjourned to that 
time accordingly. 



At a Council at Philada./y' 14th ffebry, 1717. 

PRESENT : 

The Honble WILLIAM KEITH, Esqr., Lievt. Govr. 

Richard Hill, John French, 

Samuel Preston, Isaac Norris, 

Jonathan Dickinson, James Logan, Secry. 
Robert Assheton, 

The last minute of Council was Order'd to be Read, then the Go- 
vernour spoke as follows. 
Gentlemen : 

In your last Debates on this Subject, I think it was Generally 
agreed that such Commissions ought not to run in the Lievtenant 
Govrs. name, for that was said to be an alteration in the stile which 
some knew how had crept in, without any Condescension Warrant 
or authority from the Proprietor & Governour in Chief. 

If therefore you continue in the same mind, it's plain that here is 
sufficient Occasion given for some alteration, So that all arguments in 
behalf of the Precedents Immediately before us, and for Continuing 
y" same fForms are to be laid aside, and as I conceive the Question 
will then come to this single point, vizt. ; Whether these Commis- 
sions ought for the future to be Issued in the Kings Name and tested 
by the Governour, or in the Proprietors name with the like Test. 

I do not pretend so nicely to Judge of, nor to be so well acquainted 
with the Nature and Extent of the Proprietors Title to the Dominion 
of this Country, as several Gentlemen here present, from whose 
greater Experience and knowledge therein we may doubtless expect 
to be fully satisfy'd. 

But I will pretend to have as true a Regard for the Proprietors 
honour & Just Interest, as any person whatsoever. 

And at the same time I will frankly deliver my Opinion that the 
Commissions mentioned, ought to be Issued in the King's Name, 



24 MINUTES OF THE 

and Tested by the Proprietor and Governour in Chief himself, or in 
his absence, by the Deputy Lievtenant Governor present ; and my 
reasons for this Opinion are : 

1st. That in any case where the King, (as in the Proprietor's Let- 
ters Patents,) Expressly reserves to himself and his successors the 
allegiance due from a subject to his sovereign ; his Majesty cannot 
at the same time be understood to Grant away and transfer any Pre- 
rogative which is Essential to, and inseparable from the Sovereignety 
it self, and which the Common and Statute Laws of England do 
assert to be the Inherent and unalienable Rights of the King's Ma- 
jesty. 

2ndly. That whatsoever might have been the Practice at the 
beginning or Infancy of this Colony, Yet by the Course and admin- 
istration of Governmt. now for several yeai-s past, it doth appear 
that neither the Proprietor nor any officer under him ever so much 
as claim'd or pretended to the Prerogative of Issuing any manner of 
Process in the Proprietor's Name, On the Contrary, Acts of Assem- 
bly have been pass'd, and are now in fforce to Command and Direct 
all Process to Issue by Writts in the King's name. 

Wherefore I conceive that as the Judges' Commissions cannot pos- 
sibly be derived or proceed from any lesser Authority ; So neither 
Can two such different and distinct Personages as the King and his 
subjects, be made Use of to authorize and carry on the several Com- 
pounding parts of one and the same Process. 

3dly. I have with attention perused this Copy of the Proprietors 
Letter Patents now in my hand, and do verily think that any per- 
son who has been but a little Conversant with the Law & Constitu- 
tion of England, cannot possibly Interpret the Powers of constituting 
Judges, &c. , thereby Granted to the Proprietor any otherwise than 
that the Proprietor is by these Letters Patents authorized and Privi- 
Icdged to make use of his Majesty'^s name in the Issuing of Certain 
Commissions for the better Government of the Kings subjects m 
this Colony, to such person or persons here as the Proprietor or his 
Deputies shall think proper for that service. 

4thly. I cannot but understand the Priviledge Granted to the Pro- 
prietor by these Letters Patents of Issuing his Commissions in the 
Kings Name to such persons as he shall think ffitt to be more hon- 
ourable of greater authority, and I am sure, attended with more 
safety, as well as Etitituled to greater protection, than if it had or 
could have been Granted, as some would now seem to understand 
it. 

5thly. Should these Commissions be Granted m any other than 
his Majesty's Name, I conceive that if it did not actually overturn, 
it would at least subject all our judicial proceedings in this Govern- 
ment to such Exceptions and Cavils as must render the Magistracy 
Contemptible if not blameable. 

And Lastly, I have but too much reason to apprehend that such a 
measure would greatly endanger the Proprietors unquestionable 



PROVINCIAL COUNCIL. 25 

I^ight to Chuse & appoint the officers of Government in this Pro- 
vince. 

These, Gentlemen, are the reasons why at this time I think that 
the Commissions for Judges and Justices of the Peace ought to be 
Issued in his Majesty's name. 

But as this matter is in itself aUogether indifferent to me on any 
other Accot. than v»'hat is above mentioned, 1 am not only ready to 
hear your opinion^i, but also to follow any advice which you shall 
think proper and Consistent with my Duty to the King, the Trust 
which I have received from the Proprietor, and the Reputation of an 
honest man. 

The matter being largely debated, it was alledged on the othe r 
side. That the difficulty of coming to any certainty in this and such 
other points, arises from our not distinguishing fully between the 
state of England and that of New Colonies made without the Verge 
of the ancient Laws of that Kingdom. 

That as the King of Great Britain can grant his Royal Licence 
to any number of his subjects, to transplant themselves out of that 
Kingdom into any other Princes Dominions where they would not 
be Governed bj the Lavvg of England; So he may unquestionably 
grant them the same to remove into any foreign Land where they 
may find footing, and this upon such Conditions aj he shall think fitt 
to prescribe to them. 

That these American Lands being new Discoveries, of Tracts lono- 
Settled by their native Inliabitants the Indians, who were under no 
subjection to nor hud any Knowledge of the Laws of England ; those 
Laws, whenever they come to reach these Lands, must by some Re- 
gular method be extended to them, for they cannot be supposed of 
their own nature to accompany the people into these Tracts, in Ame- 
rica, any more than they would the sfcme persons going into any 
other foreign part of the world. 

That King Charles the Second, in the Grant of this Colony to our 
Proprietor gave him, with the Pecpla accompanying him, full power 
to Enact Laws for themselves not repugnant to those of England, 
without extending any other tban such as were jud;:ed absolutely 
necessary for the pooples p'jace and Common safety, till such time as 
they should think fitt to alter them. 

That the King, in re-ervlng to himself the sova-eignty over these 
People, declared only that they were to Continue his subjects, and 
that he was still their iiatural Prince; But that his Royal Prerogative 
as exercised in En-vland, which in some measure is a part of the 
Laws & Constituti.on of England, can no more be understood to ac- 
company the Sovereignty than all the other Laws can, for in England 
it is the Prerop^ative of the Crown, amongst other things, to summon 
and dissolve Parliament ; but it is not so with our assemblies while 
our own La.ws are in force. 

That the; Proprietor, by Vertue of the Powers of the Royal Grant, 

3 



26 MINUTES OF THE 

has by his Charter to the People of this Province, appointed the 
Election and Meeting of Assemblies ; as also tbe Electiou ofSherifs 
and Coroners, (wbo in Great Britain are the immediate officers of 
the Crown) in a manner wholly Inconsistent with the Royal Prero- 
gative in England; and this method being further Enacted into a 
Law, it has passed the Royal assent, which is a full proof of the 
Crowns approbation of it. In the same manner the Proprietor might 
have granted the appointment of Judges and Justices, without any 
Commission from himself or his Lievtenant, which would have put 
this matter in Debate out of Question. 

Therefore, the Practice in England in these cases cannot properly 
be pleaded as a Rule to us. 

That other Proprietary Governmt?. in America, particularly Ca- 
rolina and Maryland, have used their own stile and granted their 
Commissions only in the Proprietors names, without being questioned 
for it as far as we have heard, and the same having been hitherto 
practised, here appears there no necessity that at this time such an 
Innovation should be introduced by our selves, while under the Pro- 
prietors Government. 

That the alteration in the stile of the Writts some few years agoe 
was but by accident, and implies no necessity that Commissions 
should run in the same, writts being but a part of the Practice of the 
English Law, which it has been thought proper in some measure to 
introduce into our Courts, but that the Commissions being a delega- 
ted Power from the Proprietor and his Lievtenants, they may Justly 
bear the name of him in v^'hom the power of Granting them is prin- 
cipally Lodged. 

'Tis therefore humbly proposed, that the Proprietors stile should 
still be Continued till such time as the Government be resigned to the 
Crown or such orders be given for that purpose, as have never 
hitherto appeared that we know of in any Proprietary Government 
In America. 

And a majority of the Council adhering to these sentiments, The 
Governour at last Condescended, that the said Commissions be Is- 
sued in the Proprietors name and tested by the Governour, which 
was Order'd to be done accordingly. 



At a Council at Philadelphia, the 15th ffebry., A"., 1717. 

PRESENT : 

The Honble WILLIAM KEITH, Esqr., Lievt. Govr. 
Richard Hill, Robt. Assheton, 

Isaac Norris, James Logan, Secry. 

Jona. Dickinson, 

The Governr. acquainted the Board that the Proprietors Commis- 
sioners of Property had lately Represented to him in Writing, that 



PROVINCIAL COUNCIL. 27 

certain persons from Maryland had, Under Colour of Rights from 
that province, lately Survey'd out Lands not far from Conestogo, ^ 
near the thickest of our settlements to the Great Disturbance of the 
Inhabitants there, and that for Preventing the Disorders which might 
arise from such Incroachments, they Desir'd that magistrates <Sf 
proper officers shou'd be appointed in those parts in order to Pre- 
vent the like tor the ifuture. 

The Governour also imparted to the Board the Copy of a Letter 
which he had wrote on this Occasion to Collo. Hart, Governr. of 
Maryland, and further added, that this Day the Secretary had shewn 
him a Letter from Collo. tiVench, Informing of tfurther Designs of 
the same kind, that the same persons from Maryland were Immedi- 
ately upon putting in Execucon ; That hereupon he thought it ne- 
cessary ftbrthv/ith to Call the Council, as he now Did, & Desired 
their advice what methods might be most proper to be taken in the 
premisses. 

The Board was unanimously of opinion that these proceedures 
being a Bold & most unjustifiable attack upon the proprietor's Rights 
and Possessions that have never hitherto been disputed, the Conse- 
quences of which must necessarily be Injurious to the settlements of 
those parts of the Country, and very much disturb our friends, the 
Indians in that neighbourhood, therefore, some speedy & Edectual 
measures ought to be taken to prevent these Inconveniences ; and 
Whereas, Collo. ffrench had hitherto shewn a zeal Equal to his Ca- 
pacity to serve the proprietor in all such cases;, It is therefore propo- 
sed that he should be appointed by commission from the Gonornr., 
Ranger & Keeper of the marches of this province, as well as of the 
Lower Counties, on such terms as he & the Commissioners can 
agree, with full power to apprehend & bring before the Governour 
all such Invaders, in order to be proceeded against according to 
Law. 

It is also further resolved, that magistrates shall be appointed in 
the said Parts as soon as the Names of the most ffitt persons residing 
there can be had. 

Ordered, that a Comission to the sd. Collo. ffrench for the pur- 
poses aforesd., be forthwith prepared by the Secretary ; And then the 
Council adjourned. 



At a Council at Philadelphia, y' 21st fTcbry., 1717. 
present: 
The Honble WILLIAM KEITH, Esqr., Lievt. Govr. 
Richard Hill, James Logan, 

Jor.ath. Dickinson, Robert Assheton. 

An act for Laying a Duty upon Sundry Liquors Retailed in this 
Province ; An act for the better Encouraging the Trade of this Pro- 
vince ; An act for Laying a Duty on Wine, Rum, Brandy, Spirits, 



28 MINUTES OF THE 

Cyder, hopps & flax, Imported into this province; An act for con- 
tir.uing a Duty on negroes broug'ht in this province ; An act for 
Raising a Duty upon Tonnage of Ships & vessells ; An act Concern- 
ing ffeme sole Traders were Read at the Board, & several amend- 
ments proposed ; then the Council adjourned till to-n)orro\v morning. 



At a Council at Philada., y' 22d tiebry., A" 1717. 

PRESENT : 

The Honble WILLIAM KEITH, Esqr., Lievt. Govr. 
Richard Hill, Anthony Palmer, 

Isaac Norris, Robert Assheton, 

Samuel Preston, James Logan, Sec'ry. 

Jonathan Dickinson, 

Forasmuch as John CoUison, Hance Dollar, John Rennalds, Ben- 
jamin Hutchins & John Bell, just arrived into this Colony in the sloop 
Williams Endeavour, Richard Taylor, master, have appeared vo- 
luntarily before the Governour at this Board, and as by their parti- 
cular Examinacons, have acknowledged their having been lately 
guilty of piracy, but unanimously asserting that their Behaviour is 
within the Limitts of his majesties late Gracious Pardon, Which ac- 
cordingly they do claim ; It is thereupon the Opinion of the Governr. 
& this Board, that they be not apprehended or prosecuted for the 
Piracys Which they have now acknowledged; but that they may be 
Dismist until it Can be made appear by some Evidence, that their 
Condition & Circumstances are not Comprehended within the terms 
of hia Majesties Proclamacon for pardoning such Offences. 

An act for the more Effectual Raising County Levys, was read, 
and a Debate arising abt. the passing of the Bill as it now stands, the 
Governour Desired that such Gentlemen at the Board who had any 
substantial objections agt. the passing of this Bill, might either now 
Enter their Dissent with their reason ont he minutes, or afterwards 
to extend their Reasons as they think fitt, and if the Governr. shall 
happen to fTmd himself under any necessity of Passing this or any 
other Bill, Contrary to the majority of opinions at this Board. He 
declared, that in such Case he wou'd Likewise Insert his Reasons 
for so doinc in the minutes of Council. 



POST MERIDIEM. 

PKESENT : 

The Ilonble WILLIAM KEITH, Esqr., Lievt. Govr. 
Richard Hill, Anthony Palmer, 

Isaac Norris, Robert Assheton, 

Samll. Preston, James Logan, Secry. 

Jonathan Dickinson, 

The Governour having Received two more Ingrossed Bill from 



PROVINCIAL COUNCIL. 29 

the Assembly, vizt. : an act lor Building Work houses & houses of 
Correction in each County in thi> province ; also an act for Esta- 
blishing new flerrys over Delaware River, from Philadelphia to West 
Jersey; it was moved that they should be read, tor the members of 
Council to observe upon them, & speak to them as have been done 
toother Ingrost Bills, for that the House of Assembly now Expected 
the Governourto send fi)r them, in Order to pass such Bills as had 
already been subjected to the Governours amendments, & were 
finisht by the House. 

Several members stood up, & after having declared their Dissatisfa- 
con that so short a time was given for them to offer such amendments 
as they Conceived were necessary to several Bills of Importance, they 
Desired Leave to Withdraw, least their presence, if such bill should 
be Passt without further amendments, might be understood to Carry 
their assent along with it. 

The Governour then put the Question remain or Withdraw. 

Remained. Withdrew. 

Samuel Preston, Richard Hill, 

Anthony Palmer, Isaac Norris, 

Robert Assheton, Jona. Dickinson, 

James Logan, Secry. 

Then the Governour sent Mr. AsSheton with a message to the 
House that he expected their attendance with their Speaker Imme- 
diately. 

The House attended accordingly, and the Speaker Presented 
several Bills to the Govcrnr., & in the name of the House Desired 
that they m.ight be passed into Laws. 

The Governour Looking upon the Bills & observing that they 
had not been signed by the Speaker as usual. Desired that the Bills 
might be Complealed by the House & signed bj the Speaker before 
they were presented in form to him. 

Then the Speaker signed each of the Bills by order of the House, 
«fe presented them to the Governour, who Read each title by itself, 
6i so past them into Laws, and they were as follows, vizt : 



At a Council at Philadelphia, y' 8th Day of May, 1818. 

PRESENT : 

The Honourable WM. KEITH, Esqr., Lieut. Governour. 

David Loyd, Chief Justice. 

Samuel Preston, Robert Assheton, 

Jonathan Dickinson, John ffrench, 

Anthony Palmer, James Logan. 

The Governour acquainted the Board with the occasien of their 
Bein^ Called, in these Words, vizt: 

VOL. HI. 



30 MINUTES OF THE 

Gkntlkmen : 

The Justice of this Governmt. having been in some measure Re- 
trieved & vindicated by tlie Late Court of Oyer, & solemn Tryal at 
Chester, where two Criminals Convicted of murder, do Lie under 
Sentence of Death, to be Executed the ninth Instant- 

And since by the Royal Charter the proprietor or his Lievtenant 
here may Grant Repreives in Cases of murder untill his Majesties 
pleasure is known; I Desire to know what you'l advise me to Do on 
this occasion. 

I for mj part, Gentlemen, am fully satisfied from ihc Judicial pro- 
ceedings at the sd. Court, where I was myself present, that these 
persons not only had a most favourable & ffair Tryal, according to 
the Course of the Common Law of England & acts of Assembly, 
which are in force here, & not Inconsistent with the sd. Common Law; 
but also do in my Conscience think that the Proofs were so Preg- 
nant, & the Crime so Black, as most Justly did Infer the Punish- 
ment of Death to be Inflicted on the Guilty persons. 

Wherefore, unless some good Reasons are offered at this Board, 
for Repreiving either one or Both of the sd. Condemned persons, I 
Cannot otherwise be Induced to Withstand or Delay the E:;ecucon 
of that sentance, which the Law has pronounced. 

There was at the same time Presented to the Board a Peticon to 
the Govr. from the Criminals, accompanied with an appeal to the 
King, both in these words, vizt. : 

To the honble William Keith, Esqr., Lievt. Governr. of tlie Pro- 
vince of Pensilvania. 

The Humble Peticon of Hugh Pugh, Milwright, & Lazarus Tho- 
mas, Labourer, 

Sheweth : 

That whereas your Peticoncrs now Lie under Sentence of Death, for 
the murder of one Jonathan Hayes, (altho' God is their witness they 
never had the Least design or Intention of Killing,) and the day of 
their Execucon, they are Inform'd, being appointed to be on fTrjday 
next ; now forasmuch as your peticoncrs humbly conceive they have 
not been tryed according to Law, most of their Tryors, &c. being 
persons on their affirmacons, your peticoners, for this & other 
weighty reasons they have to ofler, do with all submission Insist 
upon an appeal to the King, as their undoubted Right not only by the 
Constitucon of Great Brittain, but also of this province, and Do 
hereby appeal to his Majesty accordingly. Humbly beseeching your 
H«nr. to cause the Execucon of the sd. sentence to be stay'd by 
Clranting them a Repreivc, untill his Majestys Pleasure be known 
iherein. 

And your peticoners as in duty Bound shall ever Pray, &c. 

HUGH PUGil, 
LAZARUS THOMAS. 



PROVINCIAL COUNCIL. SI 

To his most Excellent Majesty Gcor2;e, by the Grace of God, of 
Great Brittain, firance &; Ireland, ]_)efcnder of the flaith & K-ing. 

The Pcticon of Hugh Piigh, of Chester, in the province of pensil- 
vania, Milvvright, & Lazarus Thomas, of the same place, Labourer. 
Humbly Sheweth : 

That Whereas his Late Majesty King Charles the Second, by his 
Letters Patents, bearing date at Wcitminstor the fourth of March, 
in the twenty third year of his reign, did Giant unto William penn, 
Esqr., ihe Proprietorship & Government of the province of pensilva- 
nia; did Impower the sd. William penn, by Judges by him Delegated 
to award Process, hold pleas, & Determine in all the Courts & Tri- 
bunals of the sd. Province, all accons.; suits & Causes whatsoever, 
as well Criminal as Civil, but at the same lime did save &l reserve 
to himself, his heirs i^' Suceessors, the Receiving, having, & Deter- 
mining the appeal & appeals of all or any Person or persons of or 
belonging to the sd. province, as touching any Judgment to be there 
made or given ; Your peliconers therefore Lying under Sentance of 
Death within the sd. province, as appears by the Record hereunto 
annexed, do appeal unto your most Excellent Majesty & for reasons 
of their appeal shew unto your Majesty the reasons following: 

1st. Because Seventeen of the Grand inquest who found the Bill 
of Indictment Exhibited agt. them, & Eight of the petty Jury who 
found them Guilty were Quakers, or Reputed Quakers, &. were 
Qualified no otherwise than by an affirmacori or Declaracon con- 
tray to a statute made in the ffirst year of jour Maties Reign. 

2ndly. Because the act of Assembly of this Province by which 
Judges, Jury & Witnesses were pretended to be Qualified, was made 
& past the Twenty-Eighth Day of May, In the ffirst year of your 
MajestieVi Reign, which was after the sd. murder was supposed to be 
Committed; and after another act of Assembly of the same nature 
was Repealed by her Late Majesty, Queen Anne. 

3dly. Because the sd. act of Assembly is not Consonant to Rea- 
son, but Repugnant & Contrary to tiie Lav/s, Statutes & Rights of 
your Majesties's Kingdom. 

For these & other manifest Errors in the Record aforesaid, your 
Peticoners most humbly a[)peal to your most Sacred Majesty from 
the sd. Judgment, not Doubting but when the Record &; Process 
thereupon have been Inspected, your Majfsty will Cause to be done 
what of Right; & according to the Law & Customs of your Majes- 
tie's Kingdom pf Great Britain, ought to be Done. 

Hereupon one member delivered his Opinion to this Efiect, That 
he did not Pretend to mollify or Lessen the notorious Crime of 
murder Committed by these Criminals, whom he thought in his 
Conscience, justly deserved to Die, & in behalf of whom he had 
therefore nothing to move ; but nevertheless he judged it would be 
Prudent to Grautthcse Condemned persons a Reprieve at this time, di 
that it was solely & purely his Great Regard to the Security of the 



S£ MINUTES OF THE 

Government here, which Induced him to be of this Opinion, to which 
one other member only adhered. 

It was answered by the Governour, the Cliief Justice, & all the 
other members present, Vizt : Tliat it was notorious how these very 
persons now under sentence of Death, had for several years ap- 
peared at the head of a Lawless Gang of Loose ffellovvs, Common 
Disturbers of the public peace. 

That the horrid Crime for which they were now Condemned, had 
been Committed above three years agoe, And that through the in- 
dolence of a ftbrmer administration, which unhappily neglected to 
bring the Criminals sooner to Justice, they were so hardened & be- 
come so audacious as still to continue in their publick Rioting, Ca- 
balling & flighting, to the insuppor able burthen, evill Example & 
manifest Prejudice of the whole people of tiiis Province, &; that even 
they spared not Impudently to Boast that they well knew it was not 
in the power of the Government to try any Capital Crime according 
to the Common & Statute Laws of Rugland, which they would claim 
as their right. That ncverihelcss they had had a most ffavourable 
& flair Tryal, wherein the greatest Care Immaginablc was taken to 
have the proceedings Exactly Conformable to the Laws of England, 
& those of this Province being perfedly cor;sislent with each other. 

That the Crown had granted unto the proprietor & his Lievten- 
ants here, as full piwer of Goverumt ha.i had been given any where 
else in America ; and that if we neglected to make use of them in 
a Case of such Importance to the Quiet & future safety of all the 
Inhabitants of the Province, as this phiinly appeared to be from the 
full Evidence of above twenty Witnesses, VVc wou'd not only thereby 
Expose ourselves in the opinion of all good men who duly consid- 
ered the duty of those Intrusted with such Powers of Government, 
but also jus'ly become Obnoxious to the Censure & blame of our 
Superiours ; That even the pcticons offered by the prisoners contain 
a lull acknowledgement on their parts af the fHict, for which they 
stajid Condemned, and that though a right of appeal, when well 
founded, &. offered according to the necessary form & Direction of 
the Law, doth lie in all tlie Governments of America immediately un- 
der the Ci-own, as well as in this Province; yet it was never known, 
& indeed would be absurd to suppose that a Condemned person 
could, without any Regard had to iFact or Circumstances, make use 
of that Right how & when he j)leascd, in order to Extort a Reprieve 
from the Execucon of that sentence which the Law had justly pro- 
nounced agst. him. 

These Peticons therefore beiug both out of time 4' most Improper- 
ly offered in this Place, The Governour is Clearly of Opinion with 
the Chief Justice Si oilier members, (saving to sucii of the Board as 
are of a difreren'. senliment, the Priviledge of Extending their Opi- 
.nion & the Reasons of it upon the minutes of Council.) Tiiat the 
Constitucon of this Province, as it is Established by Law, must be 
.maintained & supported, &; that it is by no means Expedient or 



I 

I 



I 



PROVINCIAL COUNCIL. S3 

prudent in this Case for the Govenr. to Interpose, or any way- 
Interrupt the Execucon of that sentance, which the Law has so so- 
lemnly Pronounced agst. the Criminals. 



At a Council at Philada., y' 2rth May, 1718. 
rjjESENT: 
The Honble WILLIAM KEITH, Esqr., Lievt. Govt. 
William Trent, James Logan, 

Samuel Preston, Robert Assheton, 

Isaac Norris, John fircnch. 

An act for the advancement of Justice & more Ceriain administra- 
con thereof; An act Impowering the Justices to settli; the Prices' of 
Liquors in Publick houses, & Provender for Horses in Stables; An 
act for Continuing the ferry from Bristol, in the County of Bucks, 
to Burlington, in the Western Division of the province of New Jersey; 
An act for Establishing a fferry over Delaware at the ffalls, as also 
an address from the Governr. & Assembly to the King, were Read 
at the Board, & a Committee of the Council were appointed to make 
such amendments to the sd. Bills & address as they thought proper, 
&, Lay them before the Board at their next sitting. 
Road from Co- "^ A Peticon of several of the Inhabitants of & near 
nestogo to T. ! Conestogoe, setting forth the Great necessity of a 
Moores&Bran- [Road to be laid out from Conestogoe to Thomas 
dywine. J Moores & Brandjwine, was read, & the Board 

having taken the sd. peticon into Consideracon, appointed Isaac 
Taylor, John Taylor, John Carlledge, Ezekeil' Harland, Thomas 
Moore, Joseph Cloud & William Marsh, to Lay out the sd. Road, k 
make Report thereof at this Board, in order to be Confirm'd. 



At a Council at Philada., the 29th May, 1718. 

PHESENT : 

The Honble W^ILLIAM KIETH, Esqr., Lievt. Govr. 
Isaac Norris, James Logan, 

Jonathan Dickinson, Robt. Assheton. 

The Comittee appointed by the Last Council to make amendments 
to several Laws then Read, Report that they had made several 
amendments and laid them before the Board, which amendments 
were read & Considered, and James Logan & Robert As.sheton were 
ordered to carry the bills, with their ammendrnents, to the House, 6o 
then the Council adjourned. 



94 MINUTES OF THE 

At a Council at Philada., the 30th May, 171 8. 

PRESENT : 

The Honble WILLIAM KEITH, Esqr., Lievt. Govr. 
Isaac Norris, Jamos Logan, 

Jonathan Dickinson, Robert Assheton. 

An act for supplying Defects in the Law for the Releif of the Poor, 
was read at the Board, & several amendments made, ^v•hich were 
Ordered to be Carried to the House by the Secretary, and then the 
Council adjourned. 



At a Council held at Philada., the 1st of June, 1718. 

PRESENT : 

The Honble WILLIAM KIETH, Esqr., Lievt. Govr. 
William Trent, James Logan, 

Samuel Preston, Anthony Palmer, 

Jonathan Dickinson, Robert Assheton. 

The Governr. Laid before the board two Votes of the Assembly, 
signed by the Speaker, in these words, vizt. : 
May 31st, 1718. 

A Motion being made &; the Question put, That an agency to be 
settled in London for negotiating the Publick afiairsot this Province, 
Especially to Present an address to the King, signed by the Governr. 
& Speaker of this Assembly, and also to use Endeavours to obtain 
the Royal approbacon to such of our Laws as shall be transmitted 
thither from time to time, and that the Governour t^* Council be 
Desired to appoint an agent for that Purpose. 

Past in the affirmative. 

A motion being made & the Question put that the sum of one 
hundred & fifty pounds be Issued out of the Treasury of this Pro- 
vince, by order, under the Speaker's Hand, for such an Agent, and 
to Defray the necessary & Contingent Charges of his negotiation 
in the Premises. 

Past in the affirmative. 

WILLM. TRENT, Speaker. 

The Governour. hereupon informed the Board that just now an 
opportunity Presented for this River directly for London, which 
in his judgment ought to be embraced, the appointment of a proper 
agent to negotiate the Publick affairs of this Province, being of such 
Importance to the security of the Gcovernment here, that it ought by 
no means to be Delay'd,and therefore Recommended it to the Con- 
sideracon of the Board, Either to name a person suitable for that 
Trust, or otherwise to think of the best method for appointing one. 

Resolved, that Henry Goldney, with the Concurrence & approba- 
tion of the Proprietor. or his Lady, be desired to nominate such a 



PROVINCIAL COUNCIL. 35 

Person near the Court as in the best of their Judgment they shall 
think the most Capable & proper to negotiate our affairs as agent 
for the Province, to whom they are to allow so much of the 
menconed sum, vizt : one hundred & ftli'ty pounds money of tliis 
Province, as they shall think most Reasonable, and the Secretary 
is ordered to transmit an aulhcntick Copy of this minuet to the 
sd. Henry Goldney. 



At a Council held at Philada.,the 15th June, 1718. 

PRESENT : 

The Honble WILLIAM KEITH, Esqr. Lievt. Govr. 
William Trent, Jonathan Dickinson, 

Isaac Norris, James Logan, 

Samll. Preston, Robert Assheton. 

The Governr- acquainted the board that one Martha JUnderdown, 
a- single Woman, having at a late Court of Oyer & Terminer, held in 
the County of Bucks, been Condemned for murdering her Bastard 
Child, for which sentence of Death had passed upon her. The Judges 
of the sd Court, Vizt : Chief Justice Lloyd & Judge Trent had 
■apply'd to the Governr. in a writing under their hands, & which was 
laid before the Board, Representing the Criminal as an object of 
Compassion, & thei-eupon Recommending her to the Governrs. 
Mercy to Reprieve her for such time as he shall think fitt; Upon 
which the Governour desired the advice of the Board, And it was their 
Unanimous Opinion that the sd. Offender having first been Reco- 
inended by the magistrates of the County to the Judges as they have 
Represented it to the Governour, and the Judges before whom the 
Tryal was. Concurring in Opinion that she is a fit object of mercy, 
and as such have Recommended her to the Governr; The Governr. 
therefore, if he think fit, may make use of the Powers of the Royal 
Charter, & with good reason Grant her a Reprieve, and accordingly 
a Reprieve was ordered forthwith to be made out under the Great Seal 
of this Province, for suspending theExecucon of the sentance of Death, 
past upon the sd. Martha Underdown, for the space of Twelve 
months after the day appointed by the Death Warrant, already 
signed by the Judges, for Executing the sd. sentance: Provided 
always, that the sd. Reprieve & the Effect thereof shall Terminate 
by, & be subject unto, any order & Direction that may within the 
sd. Twelve m >nths Come from Great Brittain, to signify his Majes- 
ties Pleasure Relating thereunto, and then the Council was adjourned 
aintil ifryday next, in the afternoon. 



56 MINUTES OF THE 

At a Council held at Philada., the 16th June, 1718. 
present: 
The Honble WILLIAM KEITH, Esqr., Lievt. Govr. 

William Trent, Jonathan Dickinson, 

Samuel Preston, James Logan. 

Robert Assheton, 

Tagotolessa or Civility, the present Chief or Captain of the Conesto- 
goa Indians, with Weeay vvais, Soohayesse, Cannatellan & Calhaghe- 
herot of the same nation, Methawcnnah, Chief of the Shawnois above 
Conestogoe, George, an Indian sent to Represent the Ganawais & 
Sheeckokonichan, a Chief of the Delawares, formerly on Brandy- 
wine, all at present Inhabitants on Sasquehannah, being lately come 
from their respective habitations to Pay a visit to this Government, 
they now waited on the Governr. & Council, and John Cartledge & 
James Hendricks being Interpreters, both skilled in the Delaware 
Tongue. 

The Governr. Ordered John Cartledge to acquaint them, that upon 
their Visit he had at their desire now Called a Council, in Order to 
Hear v/hal the Indians had to Lay before them. 

Tagotelessa, Captain of the Conestogoes, said that they were Come 
only on a ffriendly visit to see us, & to Renew the old Leage of ft'riend- 
ship that had hitherto been between us and them, that most of their 
old men were Indisposed & cou'd not undertake the Journey, but 
ihey had Brought some of their young men to see us, & Learn how 
they of themselves Ought when they come to more advanced years 
treat with their parents & friends. 

The Governour told them their Visit was very acceptable, he 
hoped all was well with them, but desired them now to be free, & if 
they had any thing to Complain of that wanted to be Redressed, they 
should without reserve comunicate it. 

They then presented a small bundle of Skins, & said, that they 
had sometime before the Governours arrival lost their King in war, 
but there were those left amongst them who have the same Respect 
& Friendship for this Governmt. that he had in his lifetime. That 
now he is Gone they are more sensible of their Loss of so good a 
man to Govern them, & they heartily Lament him, but they hope 
liis Place will be supply'd and the same ffriendly Disposition will 
always be continued among them. And they now desire the Gover- 
nour to take notice, that tho' their Last Good King is taken from' 
them, they have one yet left who was nearly related to him, who 
has an English heart &.a Great Love for the Christians. Him they 
have now Chosen for their King in the others stead, & as such pre- 
sent him to the Governr. by the name of Oneshanayan. 

They then laid down a Second small Bundle of Skins, & proceed- 
ed to say. That their King being present with the Chief of Shawnoia 
& Ganawase, what he, vizt. : Tagotelessa or Civility says is what 



PROVINCIAL COUNCIL. 37 

all agree in with one voice & mind ; That they are Glad to find them- 
selves in full happy Circumstances, for that they have not for some 
years past had a (jovernour Avho took such notice of them, but now the 
present Govern r. gives them the same satisfaction as if they thought 
William Penn himself were amongst them; that they had brought a 
{ew skins, not by way of Present, for they were not worthy to be 
accounted such, but only to Lay them under the Governrs. ffeet to 
keep them & his House Clean ; that they Came not to make any new 
Treaty or League of friendship, but only to Renew or Confirm those 
which had been made, & were hitherto Inviolably kept on both sides. 

They threw down a third parcel of skins, & Civility said, that he 
with some of the young men had this Last spring some Inclinacon to 
Go out to war towards the Southward, but being put in mind 
that it would not be agreeable to this Govcrnmt., and afterwards Re- 
ceiving the Governors letter forbidding them to Proceed, they Desist- 
ed ; that they Intend to go out this next winter a hunting that way, 
& think it proper to acquaint this Governmt. therewith, for that they 
bear such a respect to the Governmt., & know that we have always 
been so ready to Protect & assist them, that they are agreed not to 
do any thing which will be disagreeable to us ; That they look upon 
themselves but like Children, Rather to be Directed by this Governmt. 
than ffit to offer any thing more on this head 

But they must Crave leave to add one thing further, vizt : that 
they have reason to think the authority of this Government is not 
duly observed, ffor that notwithstanding all our former agreements, 
that Rum should not be brought amongst them, it is still carried in 
great Quantities, They had been doubtful with themselves whether 
they should mencon this, because if they were supplied with none 
from hence, they wou'd be from Maryland which wou'd be a means 
of Carrying of their peltry thither, but there have been such Quanti- 
ties of that Liquor Carried of Late amongst them, by Loose persons 
who have no fixt settlements, that they are apprehensive mischief may 
arise from it, that tho' they are perfectly well Inclined when sober, 
yet they Cannot answer for their people when drunk, and Least any 
Inconveniencies may Ensue from thf^nce to this Government whom 
they so much Respect, as well as to their own people, they Desire 
this may be taken into Consideracon, in order to be prevented & re- 
dressed by all proper measures. 

Shecokkeneean added, that the young men about Pextan had been 
lately soGenerally d-'baucht with Rum, carried amongst them by stran- 
gers, that they now want all manner of Clothing & necessary s to go a 
hunting, w-herefore they wish it would be so ordered that no Rum 
shou'd be brought amongst them, by any Except the Traders who 
furnish them with all other necessary s, & who have been used to 
Trust them & Encourage them in their Pluntino;. 

Having thus Delivered themselves they withdrew, and the Treasu- 
rer &, Secretary were ordered to take an account of the Real value 

4 



S8 MINUTES OF THE 

of their small presents, & to Provide some English Goods Exceeding 
that value by about one fiburth or a Third part at most, and then the 
Council adjourned to ffbur in the afternoon. 



POST MERIDIEM. 

PRESENT : 

The Honble WILLIAM KEITH, Esqr., Lt. Govr. 
William Trent, Jonathan Dickinson, 

Isaac Norris, James Logan, 

Samuel Preston, Robert Assheton. 

The same Indians attending again, the Governr. Ordered the In- 
terpreters to Deliver to them what ffoUows, being first Drawn up in 
writing, viz : 

That their friendly visit on a Design to Brighten & Strengthen the 
Chain which had for so many years bound, & united them & this 
Governmt. together as one People, v/as very acceptable. They were 
sensible that William Penn, the Lord of this Country, had been as a 
Common ffather to them ; that he had Given it in Charge to all those 
who Governed in his stead, to treat them in the same flreindly man- 
ner he had Done himself; that the present Governour, for his part, 
shou'd always as ready as a father to Embrace & Support them, 
while they Continue the same fidelity to this Government they had 
hitherto done. 

That we were all much affected with the Loss of their Last Good 
King, and the Governour wou'd have been pleased to see more of 
their old men, that however he now took the young men that came 
on this visit by tke Hand, as those that were coming up in the places 
of the ancients, & were to continue the same ffriendship with our 
younger people, that their parents the Elders of both sides had done 
before them. 

That we kindly Received the Person they had appointed their 
King or Chief, in the place of our good Deceased friend, if it be by 
a general approbation. The Governour hoped he would always 
have the same heart & ffriendly Disposition towards the English, 
that his Predecessor was well known to have in his Life time, & 
would unite himself & all his People with this Governmt. as one 
heart & one body ; that for the future we Shou'd apply to him as 
their Chief in all publick Busieness, &; Doubled not but the old men 
wou'd assist him with their advice in the best manner for their advan- 
tage, & for preserving a strict tie of Friendship with us. 

That the Governour Cou'd not take in good part their motions 
towards going to War last Spring, Considering they had Engaged 
themselves to the Contrary in their Last Treaty with him at Cones- 
togoe. The Governour Expects they will not make the least advance 
that way for the fFuture, without the approbacon &. Leave of this 



PROVINCIAL COUNCIL. §6 

Government, for they are now but weak of themselves, and may by 
rash attempts Draw powerfull Enemies upon them, & not only In- 
tirely ruin themselves, but Eni^age us also as their ffriencls into their 
Quarrels ; They must therefore be Governed in this Point by this 
Government, who can judge better of those affairs than they are 
Capable; 

The Governour is sensible they may have too just Cause to Com- 
plain of Loose Idle fellows bringing Quantities of Rum amongst 
them to their Gre;it Injury, that this has nut for some lime past been 
sufliciently Look't after, but the Governour wou'd speedily take Care 
to have it in a great measure prevented. That they of their parts 
must Endeavoui- to prevent their women & young people from Com- 
ing to Philadelphia to Purchase & Carry up Rum from hence, which 
too many were ready to Deliver them privately for their skins, and 
that when they meet with any brought amongst them, they shou'd 
stave it, as they had formerly been ordered & undertook to do. 
That in Re.'errance to the Surveys of Lands, they Cannot but be 
sensible of the Care that has been taken of them, they had Expressed 
a willingness to Retire from Conestogoe ; Yet the Governmt. here 
had perswaded ihem to Continue near us; We had Run a Line 
Round them that none might come near them, and had fenced their 
Corn Fields by John Cartledges Care, who alone being placed within 
those Lines, may be the more Capable of Looking after the Tract 
&. the bounds of it. It is also further thought fit, that Lines should 
be Run Round the other Indian Towns, as soon as Conveniently may 
be to secure them the more Effectually from Incroachments. But 
while such Care is taken of them, 'tis Expected they shall in all 
Cases on their parts shew a Due Regard to this Government, that 
they be aiding to all its officers in what may Lie in their power, 
that they Suffer no Idle persons to Spread Rumors amongst them, or 
if they hear any such that they give no Credit to them, that if they 
Can Discover any Evil minded persons to have ill Designs agt. this 
Governmf., or any Part of it, they must without Delay Disclose it to 
the Governour or some person in authority under him. In fine, they 
Ought ever to Consider us as their Best &. nearest Friends, who have 
always been & ever will Continue Ready to Releive & protect them, 
while they on their parts Remain faithful as their ancestors or fla- 
thers have hitherto done before them. 

That as they offered the Governour a small Token, so now for the 
Conveniency of their return, there are a few Garments Provided for 
them, with some powder &l Shot to kill Venison, some Tobacco & 
pipes, and when they Go some Bread & a Dram will be provided for 
them, and the Governour Expects they will be CarefuU hereafter to 
Provide Likewise for himself & his attendants, or those who shall 
be sent at any time for their service to Conestogoe. 

These things being delivered to them they appeared very well 
pleased, and to that part in which the Inclosing by Surveys the 
Lands where they are seated, which should not be broke in upon ; 



40 MINUTES OF THE 

they further desired, that the Lands on which the Shawneis <fe Ga- 
navvese are settled on Susquehannah, should Likewise be Encompas- 
sed with Lines at the Distance of fibur miles from the River, that 
they might not be Disturbed with the Cattle of any persons settling 
near them. 

The skins they delivered in the morning having been numbered & 
weighed as ordered, they were found to be, 
38 summer Deer Skins in the hair, manv of them ordi- 
nary, wt. 681. at 18d., " £5. 2. 
10 small Drest Deer Skins, wt. 181. at 3-6d., 2. 2. 

1 Good Winter Buck in the hair, 6. 

2 Bear Skins a 8ps., 16, 



£8. 6. 



What is prepared & was now Delivered to them, are 
8 Stroud Water Coats of the best sort, a 

17-6d, £7. 0. 

10 lb. of Powder, a 20d., 16. 8 

20 lb. Lead, a ^d, 5. 

6 pr. Stockings, pt. Blew & pt. Red, a 2-9d. 16. 6 

1 Dozn. Tobacco Boxes, a 7.0 

I Dozn. Tobacco Tongs, a 4. 6 

12 lb. Tobacco, a 4d., 4. 

3 Dozn. Pipes, 1. 

1 Red Stroud to the Queen, 17. 6 

£10. 12. 2 

These being Delivered the Governour Gave them an Entertain- 
ment, and the Secretary was Ordered to provide for them, as from 
the iRrst, all necessarys During their stay & for their Journey on 
their return home. 



At a Council held at Philada.,the 4th day of July, 1718. 

PRESENT : 

The Honble WILLIAM KEITH, Esqr., Lievt. Govr. 
Jonathan Dickinson, James Logan, 

Samuel Preston, Robert Assheton. 

The Board proceeded to nominate persons to be added to the Co^ 
missions of peace for the County of Philada, & Chester, & the Per* 
sons following were appointed : 

For the County of Philada. : Samuel peres, Samuel Carpenter, 
Richard Moore, Charles Read &: Robert Jones, of Merlon. 

For the County of Chester : John Wright, next to Jasper Yeates» 
Nathaniel Newland, Andrew Job, Elisha Gotchell, John Cartledge 
'& Francis Worley. 



PROVINCIAL COUNCIL. 41 

A Peticon of several of llio Inliabi'atils of the township of North- 
ern liberties, was Read, setting fortii that they h;id purchased &c 
Improved several Tracts of Land between the City of Philadelphia & 
Whitsahicken mill, and that there was no Road from the sd. City to 
fhe sd. mill as yet, Establisht according to Law, whereby they were 
at a Great Loss how to bound their Lands, & Craved that the Board 
wou'd appoint some fit persons to Lay out the sd. Road. The Board 
having taken the sd. Peticon into Consider. icon. Did Order that George 
ffezwater, George Claypoole, Israel .pemberton, William ffishbourn, 
Jacob Dubric, & Andrew Robeson, junr., or some ffour of them Do 
Lay out the sd. Road, & make Report thereof to this Board, in Order 
to be Confirm'd. 



At a Council held at Philada., the 22d July, 1718, 

TRESENT : 

The Honble WILLIAM KEITH, Esqr., Lievt. Govr. 
William Trent, James Logan, 

Samuel Preston, Anthony Palmer, 

Jonathiui Dickinson, Robert Assheton. 

TheGovernour acquainted the Board that several mariners, who 
had lately bren taken by pirates, having made their Escape in a 
JSIoop to which some of them formerly belonged in the merchant 
service, were Come hither for protection, & had Voluntarily delivered 
themselves & the Sloop into the Governrs. hands, and the sd. mari- 
ners attending, they were ordered to be Called in and answered to 
their names, as follows, Vizt. : Richard appleton, John Robeson, 
William Williams, John fford, Benjamin Hodges, John Barfield, 
James Milhews, Samuel Barrow, Gre<2:ory Margoveram, Renold Glo- 
rence, Waiter Vincent & Timothy Harding, Richard sppleton for 
himself, & in the n:ime of all the others present, being desir'd to give 
the Governr. & the Board as Particular an account as he Could of 
himself & his ffellow Companions. The flollowing narrative was 
taken from his mouth, to which they all agreed, Vizt. : 

That he had sailed from Jamaica about five months ago on board 
this very Slo.ip. under I he Comand of Capt. Pinkefhman. in Order to 
Go upon the Wrecks : That the Captain Dying Outward bound, one 
Tempest, who was master, had the Comand after him: That they 
Called in at Providence at the same time that his majesties ship 
Phoenix was there, & sail'd out from thence with the man of war 
& proceeded to Walkers Key, where in Company with another 
Sloop, Capt. Grcenway, they workt upon a wreck almost three 
weeks, but not with any Success; So that both Sloops went to the 
Bimmenys other Keys, where they found another wreck, but nothing 
Left upon it. This bad Porlune so Discouraged the people, that by 

VOL. III. 



42 MINUTES OF THE 

Greenways Instigacon, upon the Twenty ffourth of May Last they 
mutiny'd, took possession of this Sloop & all the arms, & threatened 
to shoot Captain Tempest & all that wou'd not Go along with Them, 
under Greenways Comand, to Death Immediately; but in a Day or 
two they put Capt. Tempest & ten or twelve men along with him in 
the other Sloop, &. then they departed on pretence to Go upon the 
Florida Wrecks, where they arrived & Came too under one of the 
Spanish Batteries; But the people from shear firing upon them they 
went from thence a Little to the Southward of Charles Town, in 
South Carolina, & Came on shore in Order to ffit the Sloop with a 
new mast, which accordingly they did in about three Weeks time ; 
Coming out from thence they met with a small Sloop from Provi- 
dence, bound for Carolina, Daniel Stillwell, master, but Took nothing 
from him Except what they paid for, afterwards they Concluded to 
Go into the Latitude of Bermuda, & in their Way met with a ffrench 
Ship, about twenty Hour Guns, they ffired a shot at the ffrench man, 
who Return'd another & Slung his yards Ready to Engage them, 
but they Chose to Leave her, knowing the ship to be the same which 
Jennings had formerly taken & sent to Jamaica; Upon which account 
he was (first Declar'd Pirate, two Days after this they saw Eleven 
sail which they supposed to be the Spanish ffieet & gave them 
Chace, but observing one Large Ship Lie by untill the other Got a 
head, they Left the Pursuit & kept on the same Latitude, about thirty 
Leagues distant from the Island of Bermuda, where they met with a 
small Sloop from Maryland, bound to Bermuda & Barbados, took 
some Tobacco & hoggs from her, & fforced two of their men, vizt. : 
John Ford & Gregory Margoveram, both present, next Day they 
Came up with a Bermudas Sloop, put flive ^ Twenty men on board 
of her &; kept her for a Consort ; One of the men belonging to the 
Bermudas Sloop is here, vizt : Benjamin Hedges, then they stretch- 
ed to the Eastward for three Days, wilh Intent for Mona or some 
part of the West Indies. On the third about twa o'clock, being 
Sunday, the Sixth Day of this monih. in the morning, they Gave 
Chace to a Ship, & when they Came up with her lir'd a Shot with a 
Volley of small arms, upon which she struck ; she belonged to Li- 
verpool, about one hundred & thirty tons, homeivard Bound from 

St. X tophers, wilh sugar, Richardson, master. The Pirate, 

Capt. Greenway, the Gunner, Doctor & other officers went Imme- 
diately on board the Ship, but the Sloop being to Leward of the 
Ship the Ship took the wind from their sails, by which means they 
accidentally fell on board the Ship & broke a Set of Oars upon the 
Sloops Quarter, this Gave Occasion for most of ihe men in the Sloop, 
being eager fTor plunder to Jump on board the Ship, & when the 
Sloop shccr'd of these men here whisper'd otic another, that now 
was their Best Oppertunity to Escape, Whereupon Richard Apple- 
pleton being armed, seized the Helm, sent John Robison down to 
Secure the Stores &■ order'd the Negroes to hoist the sails, upon 
which one of the Pyrates took up a musket & snapt it twice at the 
sd. Richard, then fired but missing, he Ckib'd the peice ds wounded 



^ PROVINCIAL COUNCIL. 43 

Richard on the head, upon which One of the Negroes shot the Pirate 
with a Pistol through the belly, & another wounded him in the 
Thigh ; then they bound this Fellow i^^ Seven more of his Compa- 
nions, being half Drunk, put them i;t the Canew & Set them adrift, 
the Ship & Sloop Gave us Chace, & we saw them take up the men 
in the Canoe, but this Sloop sail'd so well that we soon Lost them ; 
We saw several Sail in our way hither, but avoided Speaking with 
any, being all Resolutely Determined to Blow our selves up before 
we shou'd be taken by any Pirate ; that wo were unanimous in 
Coming into this Place to Deliver the Sloop & ourselves up to the 
Governr. , & to Implore his Countenance & protection, not as Pi- 
rates, but as honest men Irnploy'd in the morcht. service, and who 
never had been accessary or in the Least Concern'd in the Villainous 
Designs & practices of those from whom we have now made Our 
Escape with the utmost Risqe of our Lives, and all of them with one 
Voice submitted themselves in this manner, affirming the same thincr. 

The above narrative being taken into Consideracon with all the 
Circumstances, it was the unanimous opinion of this Board, That it 
did not appear that these men had been Guilty of any piracy whereby 
to subject them to anj punishment or other Legal process, but rather 
that they ought to be well used &■ Civilly Intreated for the Service 
they had Done in order to Encourage others to Do the Like, That 
the Piesent most Dangerous & too frequent Practice of Piracy in 
these parts may at Last be subdued. 

Then the Governour said, that although he had seized the Sloop 
in his Majesties name, in Order to Bring the Vessell & whatsoever was 
on board to a Legal Tryal, Yet he Cou'd not but think himself Obli- 
ged to acquaint the Governmt. of Jamaica with this accident, & the 
Circumstances of it, whereby the fhrst adventurers being honest &, 
Good men, might have an oppertunity to Lay such Claims to what 
had so lately been their Proper Effects, as in Justice or Equity the 
Law vvou'd permit. 



At a Council held at Phihida., the 1 1th of August, 1718. 

PRESE?fT : 

The Honble WILLIAM KEITH, Esqr., Lievt. Govr. 
William Trent, James Logan, 

Isaac Norris, Robert Assheton. 

Jonathan Dickinson, 

The Governour putting the Board in mind, that at their Last meet- 
ing at which those persons, who had brought a Sloop into this Port, 
lately in Possession of the Pirates, were Examined. The Governr. 
had then assured the Board he wou'd take no steps in Relation to 
that affair without their knowledge & approbacon, thought now fit to 
Inform them that Capt. Hardy, whom at the Sloops ffirst arrival he 



44 



MINUTES OF TME 



had Comissionated to take her under his Care, was now attend- 
ing, with an Inventory of what was fPound on board her, which is as 
•follows : 



10 Great Guns &i Carriages, 

2 Swivle Guns, 

3 Pateraroes, 

4 Clwmbers, 
SO Musketts, 

5 Blunderbusses, 

5 Pistols, 

6 Old Pateraroes, 
4 Old Chambers, 

20 Guns Tackles, 
10 Breechins, 
2 Guns, Worm & Ladle, 



4 Spunges, 
2 Crows, 

10 Organ Barrels, 

7 Cutlasses, 

5 Great Gun Cartridge Boxes^ 

8 Cartridge Boxes for small 
arms, 

53 hai.d Granadoes, 
200 Great Shot, 
2 Barrl. Powder, 
4 Caggs of Patridge, 
2 Powder Horns. 



ACCOT. OF SAILS, RIGGING & STORES, &c. 



1 Main sail, 
1 ffore sail, 

1 Jib, 

2 fflying Jibbs, 
1 Top Sail, 

1 Sprit Sail, 
I Square Sail, 

1 boat Main Sail & ffore Sail, 
22 Spare Blocks, 
1 main Sheet, 
1 Topmas* Stay, 
1 ffore halliards, 
1 Jib halliards & Down hall, 

1 Topping Lift, 

2 Grinding Stones, 
24 Water Casks, 

I barl. of Tar & a peice, 
30 barr. of Powder, 
7 Dead Eyes, 

1 Kittle, 

2 Iron potts, 

3 Anchors, 
1 Cable, 

1 old peice of Junk, 
13 planks, 

2 Top Sail Sheets, 
1 Boom Tackle, 

13 hbar. of Beef & pork, 



black fflagg, 
Red fllaCTfif, 



2 Runners & Tackles, 

a Small Quantity of tallow, 
&. Tobacco, 

3 Compasses, 

1 Doctors Chest, 
1 
1 

2 Ensignes, 
2 pendants, 
1 Jack, 

8 Sloppers, 

1 fHving Jibb halliards, 

1 Top Sail Halliards, 

1 main Halliards, 

1 main Down hall, 

1 Jib Sheet, the other for Bow 

fast, 
1 Flying Tack, 

1 Fish Hook & Pendant, 

2 pump Spears, 
1 Broad Ax, 

1 Wood Ax, 

1 hand Saw, 

1 pair of Canhooks, 

1 hammer. 

1 Aygur, 

1 plain. 

Some Iron work & Lumber. 



Whereupon the sd. Capt. Hardy beinfr Called in, & the Governr. 
Comission to him being Read, he Exhibitf^d the sd. Inventory of all 
the Arms. Tackle, apparell & Goods on board her, which upon his 
Oath adniinistrcd by the Governour, he Declared was a true &, Exac^ 



PROVINCIAL COUiNClL. 45 

one of all that he Could find, or was on board the sd. Sloop when 
she was first put into his hands, the Sailors Cloaths & Necessaries 
Excepted. 

The Governour then spoke to the Board in these words, vizt. 
Gentlemen : 

The Great Losses that this Colony has already sustained beyond 
any of its Neighbors, by our Trade's being Blocked up & Infested 
with Pirates at the Capes of this River & Bay has Given me much 
uneasiness, & Racks my thoughts at this Present time which way 
to Contrive some Expedient for Relief. 

I have not been wanting fully to Represent our Circumstances in 
this Case unto the Kings ministers at home. 6l also with the Great- 
est Civility I could, to Invite some of his majesties Ships of War 
appointed for the Neighbouring station to take some notice of us but 
still without any success, and in the mean tinse the World must see 
& Judge, that not only we of this Province, but also the Colonies in 
the West Indies, who in this season of Drowth among them Depend- 
ed upon Bread & provision from us, & even the merchants of Great 
Britain themselves have been & are Daily more & more Likely to 
be Great Sufferers. 

Upon an Informacon that one Teach, a noted Pirate, who lias done 
the Greatest mischief of any to this Place, has been Lurking for 
some Days in & about this Town, I have Granted a Provincial war- 
rant for his being apprehended, if possible to be found, & several 
other petty Informacons of Late gives me Cause to suspect that 
many of the pirates who have Lately Surrendred themselves, & ob- 
tained Certificates from this & the neighboring Governments, do stil! 
keep a Correspondence with their old Companions abroad. To pre- 
vent the Evil Consequences, whereof I am of Opinion it will be 
Convenient on the Sixth Day of the next month. When his Majesties 
Act of Grace to the Pirates doth Expire, to publish a Proclamation 
here, Certifying a fresh the Encourgements which his Majesty has 
been pleased, by his Royal Proclamation, to Offer to such as shall 
seize Sl apprehend any of the^ Pirates so as that they maybe brought 
to Justice, & also the Rewards promised to such of themselves as 
shall bring in any of their Captains or Leaders, with a Clause Cer- 
tifying also the penalties vhich the Law does Inflict upon such per- 
sons as shall presume to Lodge, harbour <$' Conceal any of these 
Robbers, whereby they will become accessary to their Crimes. 

Those pirates who have abused his Majesties Royal mercy & 
Goodness to them, by returning to their former wicked practices, 
most Certainly Can have no Claim to any Compassion or favour 
whatsoever. But on the other hand, I must Look upon it as a Duty 
Incumbent on all the Kings Servants here to pursue his Majesties 
Royal Intention in protecting those who have humbly accepted the 
act of Grace, do Continue to behave themselves as peaceable «Si obe- 
dient subjects to the King &; his Government, and as ffbr those few 



46 MINUTES OF THE 

men who lately brought in the Sloop Nathaniel & Charles, & Delivered 
her into mj hands, it was upon Examinacon before the Board 
Esteem'd to be a Service of that nature, which not only Gave them 
a title to be protected but even Rewarded. 

In Caseofeny further alarm or Danger, I have Judged it neces- 
sary & proper to secure the arms & amunition Contained in the In- 
ventory before you to be Imploy'd in the Defence of this Colony, 
and Do hereby therefore make myself accountable to the publick or 
to whomsoever shall hereafter Produce a Legal Demand upon me for 
the same. 

But as to the Sloop, & what is Contained in the other part of the 
Inventor}'-, they being of a Perishable nature. I Conceive it will be 
necessary to Direct that they be first appraised, & then sold at Pub- 
lick Vendue to the highest Bidder, that the Produce may be forth- 
coming & Secured, cither to the Crown in whose possession it 
already is, or to such as shall in any Reasonable time make Good 
Uieir title, & recover their right by Judgment in Law. 

It is my Desire that Whatsoever is thought fit to be ordered in 
this matter may be Done with your approbacon, whereby the Parti- 
culars will Remain upon the minutes of this Board to Justify the 
Candour & Equity of all the Proceeding, and in the mean time I 
shall Transmit a faithfuU account of the whole, one Duplicate to the 
Secretary of State, & another to the Lords Comissioners for Execu- 
ting the Office of Lord High admiral of Great Britain, in Order to 
Receive further direction from these powers herein. 

It is Ordered hereupon, that the Proclamacon menconed by the 
Governour shou'd be prepared. 

And as to the Disposal of the Sloop & her Effects, 'tis Judged 
necessary that the f'rovisions menconed in the Inventory being Ly- 
able to Perish shou'd be disposed of by publick Vendue, but that it 
will be most advisable that all the other Stores, with the Sloop, Rig- 
ging, Sic, be Laid up till such time as the Governour Can be Inform- 
ed to whom the same of Right belongs, or untill Directions shall b© 
Received from the Court, or from the admiralty, in what manner 
they are to be Disposed of. 



At a Council held at Philada., the 3d October, 1718. 

PRESENT : 

The Ilonble WILLIAM KEITH, Esqr.,Lievt. Govr. 

William Trent, James Logan, 

Jonathan Dickinson, Robert Assheton. 

Samuel preston, 

The Governour acquainted the Board, that he had in his hand* 
the^Several Returns for Coroners & Sheriffs Elected this Piesent 



PROVINCIAL COUNCIL. 47 

Year for the Respective Counties of this Province, so that if any 
Gentleman at this Board had any objections to Offer why the Persona 
ffirst Chosen & named in the sd. several Returns should not be 
Comissionated by the Governour as usual, they wou'd please now to 
speak to it for the Governours better direction in his Choice. 

And no such objections being made at the board, the Governr. 
was pleased to order that Comissions be forthwith made out for the 
persons first Chosen &. named in the sd. Respective Returns, Vizt. : 
Owen Roberts, to be Sherif of the City & County of Philadelphia, 
61 Richard Walker, to be Coroner of the sd. City &, County; Nicho- 
las Fairlamb, to be Sherif of the County of Chester, & Jonas Sande- 
lands, Coroner of the sd. County ; John Hall, to be Sherif of the 
County of Bucks, & John Cutler, Coroner of the sd. County. 

The Governour acquainted the Board that he had several matters 
of Importance to Lay before them, but wou'd Referr them to a fuller 
Council, and that he thought it Convenient that the Council shou'd 
meet once a week, which wou'd very much Tend to Dispatch of 
Business ; Whereupon, Tuesday in Every week is appointed to be a 
Council Day, and it is Ordered, that William Pawlet wait upon the 
Governnur every Munday night, to take his Directions for sumoning 
the Council. 



At a Council held at Fhilada., the 15ih October, 1718. 

PRESENT : 

The Honble. WILLIAM KEITH, Esqr.,Lievt. Govr. 
William Trent, James Logan, 

Samuel Preston, Robert Assheton. 

The Assembly waited upon the Governr. in order to Present their 
Speaker, and they Pre-ented Jonathan Dickinson, whom the Govr. 
very well approved of, and then spoke to t!iem as fibllows : 
Mr. Speaker, 

The modesty & Candor of your Deportment for many j'ears in 
Publick Busieness has at this time, in the two most Eminent Stations, 
Justly determined the Choice, both of the City & County in Gene- 
ral, &. this fflourishing City in particular upon you Sr. 

And from this Good Beginning, I promise myself that bv your 
Prudent Example & Conduct, they will at Last be perswaded hear- 
tily to Unite in all such matters as Plainly tend to the honor ii &6r 
vantage of this Province. 
Gentlemen : 

1 know it is usual with you to adjourn for a short time at this 
season, so I shall not trouble you further now, but referr such mat- 
ters as I have to lay before you, until you Can more ConveuientlT- 
meet to set upon Busieness. 



48 MINUTES OF THE 

Then The Speaker Desired the Governour wou'd Grant them the 
Priviledge, Vizt. : ffreedom of Speech, ffree access to the Governr., 
& a fiivorable Construction on all their proceedings, which the 
Governr. assured him of, then the Council adjourned- 



At a Council held at Philadelphia, y' ITth Octobr., 1718. 

PRESENT : 

The Honble WILLIAM KEITH, Esqr., Lievt. Govr. 
William Trent, James Logan, 

Jasper Yeates, Anthony Palmer, 

Jonathan Dickinson, Robert Assheton. 

Samuel Preston, 

The Governour Laid before the Board a Representation or Grei- 
vance, signed by several of the Justices for the County of Chester, 
who desire that the Governr. &; Council may Give some Redress 
therein. 

The Govei nour Declared, that as to the first part of it Relating to 
a Certain Clause which had been Left out of the Last Comission of 
the Peace for that County, it had been done purely on account of 
bringing the stile of the Comissions as near as Possible to that of 
England, but if this Board wou'd advise the Governr. to Renew the 
Comission with such a Clause as he Desired, he wou'd readily Do it. 

And as to the Second part of the Complaint the Governr. Cou'd 
not but say, that he thought the Attorney Generals being put in the 
Comission, by the advice £l Consent of this Board, wou'd hardly 
bear the sence of being Inconsi^tant with Reason as was presumed 
& alledged, and that as the Governour was Ready to hear any Rea- 
sonable Complaints that Cou'd be made agt. the Attorney General, or 
any other Officer in the Governmt., & to Redress them, So he Could 
not think it either Just or Convenient to Discountenance Officers agt. 
whom he had yet Received no matter of Complaint, but on the con- 
trary who had performed very Commendable Services towards the 
Publick ; Nevertheless, the Governr. Desired the Opinion of the 
Board, to which he wou'd, as near as Possible cou'd be done, accom- 
modate his Sentiments. 

Upon which the Board Delivered their Opinion, that the Clause 
which had been Left out of the Last Comissions of the Peace for 
this Province, and Insisted upon by the Justices of Chester by their 
Complaint is an usual Clause, and ought to be Incerted in all the 
Comissions of the Peace for the Counties of Philada., Chester & 
Bucks, and that the Comissions be again Renewed with an addition 
of the sd. Clause. 

The Board then taking the Second part of the sd. Complaint 
Relating to the Attorney General being in the Comission of the 



PROVINCIAL COUNCIL. 49 

peace info Consideracon, The members unanimously agreed in opi- 
nion with the Governour, Tho' the manner of the sd. Justices of 
Chester, application & some Expressions Contained in their Remon- 
strance were not so Decent as became their Duty ^ Respect to 
Government in this Case ; Yet to the End, that no part of the Coun- 
(ry might have the Least pretence to Contradict, or in any way mo- 
lest the Perfect unanimity & Good understanding that hitherto hath 
been so happily preserved through all the Parts of the Governrs. 
administracon; It was moved that the Attorney Genall., who in the 
Duty of his office had on all occasions acquited himself with a Ge- 
neral applause, might, if the Governr. thought fit, be invested with a 
Peculiar Comission or power to Examine Witnesses & Bind over 
persons for Breach of the Peace, or in any Cases Capital, which' 
wou'd as Effectually answer the End as if his name was Incerted in 
the Comon Comission of the peace for the sd. County. 

The Secretary Exhibited an account of Disbursments, theballance 
of which amounted to Seventeen pounds twelve Shilling & Ten 
pence half penny on the Last Treaty with the Delevvare Indians, 
which account is allowed by the Board, & the Treasurer is Ordered 
to Pay the sd. Ballance. 

The Governour Laid before the board several Disbursments on the 
Late Expedicon of Two Sloops to the Capes, in Pursuit of the Pirates, 
who were Comanded by Capt. Raymond & Capt. Nay lor, which 
accouu's amounted to about ninety pounds; It is the Opinion of the 
Board, that the sd. Expedicon will be of Service to the Government, 
and the Charges Incident ought to be Defray'd by the Publick. 

The Governr. acquainted the board, that he had some time past 
Received u Peticon from seveial of the Inhabitants of the town of 
Bristol, in the County of Bucks, Requesting that for Regulating their 
Streets & Preserving the better Order among the Inhabitants, The 
sd. town might be Erected into a Borough by a Charter of Incorpo- 
racon, which Request being Considered of by the Board, It is their 
unanimous opinion that the sd. Town be Erected into a Burrough 
accordingly, and the persons Peticoning are Directed to apply to the 
Attorney General for suitable Draught for that Purpose. 



At a Council Held at Philada., the third Day of November, 1718 
present: 
The Honble WILLIAM KEITH, Esqr., Lievt. Govr. 
Jasper Yeates, Samuel Preston, 

Richard Hill, James Logan, 

William Trent, Anthony Palmer, 

Isaac Norris, Robert Assheton, 

Jonathan Dickinson, John ftVench. 

The Governour having Just Received some Letters from Great 
Britain, spoke to the Council in these words. 

5 



50 MINUTES OF THE 

Gentlemen : 

The Important Occasion of your meeting at this Tiir.e is, that 
maj Communicate unto you, in the most Decent & Respectful! man- 
ner, the accounts which I have Just Received of our Late Lord pro- 
prietor & Governr. in Chief, the Great Mr. Penns Death. 

The Exalted merit & Reputation, whereby this Gentleman has 
been universally known & Distinguished for many Years, most 
Justly Restrains me from Presuming to touch so perfect a Peice as 
the General Character of that Great man. 

But (he Dutiful Regard to that Trust in my Present Station which 
I once Received Irom him, as well as the Respect which is Justly 
Due to so many of his ffaithfull servants Present, Obliges me in the 
midst of sorrow to Put you in mind of the Duty which we particu- 
\y Owe to the memory of a worthy & Good master. In short, as it 
was Mr. penns generous Regard to mankind, & his Sublime huma- 
nity that first ftramcd the Scheme, & then Laid the Solid ffoundation 
of this fflourishing Colony, 

So it is to his Indefatigable Care & Great Capacity in all manner 
of Publick busieneas, that We entirely Owe those Valuable Privileges 
which we now enjoy, & which the Good People of this Province 
may Justly Expect to be Regarded Especially by these Employ'd in 
the administracon of Governmt. under the Late proprietor. 

At this time therefore Gentlemen, I hope you will think I am in 
my Duty when I recomend it to you, so to Proceed in every Part of 
the Publick service as that our Sovreign Lord King George, his Su- 
pream & Rightfull authority may in the ffirst Place be maintained 
Over all his Majesties Subjects within this Povince. 

Secondly. That the Respect & Gratitude, which is so Justly Due 
to the Late worthy Proprietors ITamily, may on all occasions be du- 
tifully acknowledged & paid. 

And Lastly, that our Behaviour toward Each Other may be such 
as in the Event will Clearly Demonstrate that we are Loyal subjects, 
ftaithfull servants, & sincere ffriends. The Board Received the 
Governrs. affectionate Condolence upon the malancholy Occasion 
with Gratitude & Respect, And then the A.ct of Assembly Past in the 
Year 1712, and approved by the Late Queen, Eniituled an Act for 
the ffurther Securing the administracon of the Governmt., was 
Called ffor & Read ; and a motion being thereupon made, that for 
the Greater Satisfaction of the Inhabitants of this Province, a Pro- 
clamacon should be Issued, menconing the Proprietors Decease 6i 
Reciting the last Clause in the sd. act, Vizt. : " That in Case the sd. 
Governour in Chief shall I'.appen to be removed by JJeath or Other- 
wise, then it shall & may be Lawfull for hiss Deputy or Lievtent., 
for the time being, to Exercise all the powers of Government as fuliv 
6i amply as before, untill further order from her majesty, her heirs 
or successors, or the heirs of the sd. Proprietor & Goverrir. in Chief 



MINUTES OF THE 51 

which shall first happen." And further, that all magistrates &; offi- 
cers be required to Discharge their Duty with the same Vigour & 
application as formerly they were obliged to Do ; and the said motion 
being unanimously approved & agreed unto by the Board, the Go- 
vernour Ordered such a proclamacon to be forthwith Prepared & Is- 
sued accordingly. 

The Governour Laid before the Board a Letter which he had 
Received the Last Post from Brigadier General Hunter, Governour 
of New York & New Jersey, Inclosing the Copy of Certain Let- 
ters Patents from his majesty, and Brigadier Hunter having Pub- 
lished the sd. I^etters Patents at New York, his Excellency De- 
sired that the sd. Copy or tenor thereof might also be made Publick 
m this Province, after such manner as the Governour shall think 
Proper. The Board being of opinion, that the sd. Copy was not so 
authentick as might be requisite in order to a Due publication there- 
©f, advised that the Governour should take the ffirst Oppertunity to 
write to Brigadier Hunter, in Order to obtain his Excellencys more 
particular Direction herein. 

The Governour further acquainted the Board, that having fformerly 
appointed a meeting with Collo. Hart, Governr. of Maryland, in wJaich 
he had then been Disappointed, he had, upon the sd. Collo. Harts 
Coming over the Bay, taken a Journey ffrom New Castle, accom- 
panied with Collo. ffrench only ; That after some very Considerable 
Debates on the Differences Raised between the Inhabitants of Both 
Provinces, they had at Length come to some amicable Conclusion, 
which is fully set forth in a minuit of it now Laid by the Governr. 
before the Board, and the same was Read in these words. 

At a meeting between the Governours of Maryland & Pensilvania, 
held at Collo. Hynsons House, the 28tU of Octobr., 1718. 

PRESENT . 

His Excelleney Collo. Hart, > Governrs. 

The Honble William Keith, Esqr. 5 

Collo. Thomas Smith, Collo. John French, 

Collo. Nathll. Hynson, Major James Harrison. 

His Excellency Collo. Hart produced several Complaints which 
had been made to him from the magistrates & others of Cecil Coun- 
ty, in Maryland, Relating to the Settlement at Nottingham, and they 
Claiming the sd. settlement to be within the Jurisdiction of Maryland, 
It was observed that Governr. Keith, in his Last Comission of the 
Peace for the County of Chester, in Pensilvania, had appointed ma- 
gistrates for the Townpp. of Nottingham, on supposition that the sd. 
Township was within the Jurisdiction of the sd. County of Chester ; 
His Excellency therefore, in behalf of my Lord Baltimore, & in De- 
fence of his Lordships Just Right, sets forth. That the sd. Township, 
of Nottingham had frequently been taxed by the magistrates of Ce- 
eil County, that a Great part of the Inhabitants of Nottingham had 



52 PROVINCIAL COUNCIL. 

peticoned him to take them under the Protection of my Lord Balti- 
mores Government, and that as he was Realy Convinced, from seve- 
veral Records & other proofs, that the situacon of Nottingham 
aforesaid was unquestionably within the Bounds of my Lords Grant 
from the Crown, he Cou'd not but Insist upon it, that Governour 
Keith wou'd be pleased to withdraw his sd. Comission for the Justi- 
ces of the peace at Nottingham, and all other marks of the Jurisdicon 
of Pensilvania there. 

Collo. French, who from his Long Residence in that neighbour- 
hood, was perfectly well acquainted with the Settlement at Notting- 
ham, said that about sixteen years ago the sd. settlement was, by 
proprietor penns order Survey'd & Laid out into Lotts, fTour of which 
he had Reserved for himself, & Granted most of the Rest to the 
Respective Settlers by Regular Warrants, which was the only pre- 
tence of Right Whereby they now hold them ; That they had always 
from the Beginning of their Settlement sued & been sued as Inhabi- 
tants of the County of Chester, in Pennsilvania,and at untillthe Great 
Dispute about the Division Line between my Lord Baltimore & Mr. 
Penn could be perfectly adjusted, he humbly Conceived there w^as 
Only one Rule to be Tacitly Observed in the mean time m order to 
Preserve the Publick peace & make all parties easie, Vizt. : That 
wheresoever Persons were found to be seated on or near the Boun- 
daries in Question ; if they held their Lands by any warrant or 
Right from my Lord Baltimore, they ought not to be molested or 
Disturb'd with any pretence of Jurisdiction from Pensilvania ; and 
on the other hand, those wlio held their Lands by Rights formerly 
Granted by Mr.Penn, shou'd Likewise be permitted to Remain under 
the Governmt. of Pensilvania until by a Proper authority the Divi- 
sion Line between the two Governments Can be Run. 

Governr. Keith hereupon assured his Excellency, that this was the 
verv Rule which he had hitherto Carefully observed, in Consequence 
whereof the settlement at New Munster, adjoining lo Nottingham, 
whose Inhabitants mightily Desire to be protected by Pensilvania, 
and which Governour Keith has Great Reason to believe is Within 
the Bounds of Mr. Penns Grant; Yet because their Lands at Present 
were held by Rights ffrom Maryland, He would not Hearken to their 
Desires, nor Suffer any of his officers to molest them. 

Governr. Keith further Observed, that to Proceed in this manner 
wou'd Effectually Preserve tlie Peace amongst his majesties sub- 
jects, & Cou'd not Possibly in any sort Prejudice the Just Right of 
Either Proprietor hereafter to be Determined ; with Great Respect 
therefore to my Lord Baltimore, & a Just Esteem of his Excellencies 
Conduct &i Diligent Care in the Government under his Direction, 
Mr. Keith humbly Requests that his Excellency will please to Con- 
cur with him in the Passive measures Proposed, until! either by 
powers or Directions from England, both his Excellency &; Mr. 
Keith are sufficiently Enabled or advised to Proceed otherwise. 



MINUTES OF THE 53 

His Excellency continued very much to Insist upon Mr. Keiths 
Recalling those Comissions at Nottingham. Governour Keith 
begs'd to be Excused from giving any other answer at the Time, 
un^iTl he had an Opportunity to advise with the Council, So the mat- 
ter was at Present Referr'd to the ffurther Consideracon of the Re- 
spective Governour, & the Councils of both Provinces. 

The Governour hereupon Desired the Comissioners of Property to 
Notify to the Council what Lands about Nottingham were Granted 
by Warrants from this Province, that a further answer may be pre- 
pared & Got Ready against the time the Governour of Maryland 
shall apply for the same. 

A Peticon to the Bo^^rd from Abraham Delucena, of New York, 
was Read, setting forth that several Goods belonging to the sd. Abra- 
ham De Lucena was seized by the officers here for non entry, being 
Lyable to Pay Certain Duties Imposed by a Late Act of Assembly, 
& praying on account of his poverty & numerous family, that some 
Relief be given to the sd. Peticoner. 

The matter was Referred to a further Examinacon of the Particu- 
lars, in Case the officer in the mean time do not find himself at Li- 
berty to Ease the Peticoner by admitting a Post Entry of the sd. 
Goods. 



At a Council held at Philada., the 21st Novr., 1718. 

PRESENT : 

The Honble WILLIAM KEITH, Esqr., Lievt. Govr. 

Jonathan Dickinson, Anthony Palmer, 

Samuel Preston, Robert Assheton. 

James Logan, 

The Governor acquainted the Board, that at the Last meeting of 
the Council he had laid before them a Copy of Certain Letters Pa- 
tents from his majesty to Brigadier General Hunter, Governor of 
New York & New Jersey; That the sd. Collo. Hunter Desired the 
sd. Copy might be made publick in this Province; that the Board 
were then of Opinion, that the sd. Copy was not authentick as might 
be Requisite in Order to a Due Publicacon thereof; That he has since 
received an authentick Copy of the sd. Letters Certified under the 
Seal of New York, and was pleased to advise with the Council, 
whether it was not Convenient that the Proclamacon that the Governr. 
of New York had published there shou'd be published in this Pro- 
vince, to which the Council vvcie unanimously of Opinion it shou'd, 
and the Proclamacon is Ordered to be published forthwith. 

The Governour acquainted the Board, that he had some time Past 

VOL. III. 



54 PROVINCIAL COUNCIL. 

a Debate with the Council Concerning the Stile of the Comissions 
of this Province, that he was then of Opinion they shou'd be in the 
Kings name, That now he thinks it highly Requisite they shou'd be 
so since the Proprietors Decease, That he Cannot think it safe to Is- 
sue Comissions in his own name, no«r orders the Comissions here- 
after to be Issued to be in the name of the King ; and then the 
Council adjourned. 



At a Council at Philada., the 16th Deer., 171S. 

PRESENT : 

The Honble WILLIAM KEITH, Esqr., Lievt. Gcvr. 

William Trent, James Logan, 

Samuel Preston, Robert Assheton. 

The house of Representatives of this Province Waited upon the 
Governour, and the Governr. made the following speech to them. 

Mr. Speaker & Gentlemen of the Assembly : 

The maloncholy news of the Proprietors Death wou'd have Obli- 
ged me to have called you Immediately together, had it not been the 
unanimous Opinion of the Council, that my Continuing the adminis- 
tration of the Government in all its Parts was not (tnly warranted but 
also directed by an act of Assembly, which had Received the Royal 
sanction. 

Nevertheless, when you have Considered that minute of the Coun- 
cil which I have Ordered to be now Laid before you, I shall Like- 
wise be glad to have the Sentiments of your House upon that 
Resolution, wherein I think it will be Convenient that we all agree. 
Gentlemen : 

If it be granted as I think it must, That a Governour is a necessa- 
ry agent, to be Continually Imploy'd in the providing for the Pro- 
tection, Safety & Ease of all the People in the Goveri ment. It will 
then ffollow, That such a service in this Populous Place Cannot be 
duly performed without a Considerable Charge, &. the whole Expense 
of Ones time even with Diligent npplicacon. 

And since you are the proper Judges how fur I have done my 
duty in these Particulars, I take Leave to put you in mind. That 
the supplys which have been (Tranted by fformer assemblys for the 
Particular support of my ffamily are now actually Exhausted, and 
the time for which they were supposed to be given is Expired, ever 
since the month of October Last. 

I shall Conclude with Recomending a Friendly Temper & unani- 
mity to you in all your proceedings, and whatsoever Else occurs to 
me of Busieness shall be Communicated to you by way of message. 
Then the Council adjourned to the afternoon. 



MINUTES OF THE 55 

POST MERIDIEM. 

PRESENT : 

The Honble WILLIAM KEITH, Esqr., Lievt. Govr. 

Richard Hill, James Logan, 

William Trent, Robert Asshetono- 

Samuel Preston. 

The Governr. acquainted the Board that he had received Two 
Letters, one from George Grant, and the other from seven men who 
were Comited upon Suspicon of Combining together to Comit Piracy, 
which were Read, and tlie Governr. was Pleased to ask the opinion 
of the board what measures shou'd be taken in order to bring ihesd. 
persons to a Tryal, and the Board having Considered the Circum- 
stances of their Crmies, were of Opinion that the Persons Crimes 
were Cognizable in the Majors Court, & that they shou'd be prose- 
cuted there, and that whilst they Continue in Prison some Provision 
shou'd be made by the Sherif for their maintenance, the weather 
being now very Cold. 

Instructions to William Keith, Esqr., Lievt. Generall, Governr. 
and Comander in Chief of the Povince of Pensila., and Counties of 
New Castle, Kent and Sussex, upon Delaware. 

You are upon Receiving these Instructions Immediately to Call 
together the Council, and with them in the most Publick manner 
make known my accession to the Governmt. of the sd. Povince and 
Counties, and assure the Country of my Great afTectinn to them and 
hearty Good wishes for their welfare, and that I shall always Look 
upon their Interest as my own, and I believe on this Occasion itt 
will bepper to Read the Late King Charles the Seconds Leters Pa- 
tents to my late ffather and y' pprielor, and his Heirs, publickly to the 
people; However, this I Lea,ve wholly to yours and the Councills 
prudence To Do therein as may be thought most Convenient, and flbr 
the Honr. of y" Government. 

I think itt would be well Done if the pi-esent members of Council 
be Continued, For I would not have more alteracons made in Go- 
Ternmt. upon my accession theretoe then what are absolutely neces- 
sary, And I will have Mr. Logan be of the Council, 4" Continued in 
his places by you. 

If you Can procure a militia to be settled by Law, Slip not the 
Occasion of Doing itt, but as that Country was Chiefely at first set- 
tled by Quakers, I would not have them oppressed on any account. 

Protect the people under your Care in all the Rights, Privileges 
and I iberiies my ffather Granted them by Charter or otherwise, or 
that they ought to Enjoy as Englishmen. 

Observe the Law for Liberty of Conscience wch I take to be a 
Fundamental! Ore in Pensila., and was one Great Encouragement 
for the Quakers to Transport themselves thither, and to make itt 



58 PROVINCIAL COUNCIL. 

what itt now is, For wch they meritt the ffavour of my Family, as 
well as on many other accounts, and shall always have itt when hi 
my power; And this I desire jou will Lett the people Know. 

But as I Profess myself to be a member of the Church of Eng- 
land ; 

Therefore T recommend it to you to be CarefuU of her Interest, and 
that you Encourage and Protect the Clergy, and Employ where you 
can Deserving memrs. of that Comunion, ftbr I think they ought to 
have att Least an Equall share in the administracon of Public Offices 
with their Neighbours of other persuasions; 

Discountenance all antitrinitarians and Libertines. 

Protect In their Possessions such strangers as are settled amongst 
us, For the public Ffaith is Concerned in itt. 

Lett the Law be your guide in all Cases ; and ptect the officers 
of the Customs in the Discharge of their Duty, and use y° advice of 
y'Councill In all Cases of Importance. 

Given under my hand and Seal, the ffourteenth Day of Janry., 
Annoq Dom-, 1718. 

WM. PENN. 



Att a Councill held at Philada., the 28th of Aprill, 1719. 

PRESENT : 

The Honourable WILLIAM KEITH, Esqr., Governour. 

Richard Hill, Antho. Palmer, 

Isaac Norris, Robert Assheton, 

Jonathan Dickinson, James Logan, Secretary. 
Samuel Preston, 

The Govr. Spoke as Follows. 
Gentlemen : 

I here Lay before you a New Comission and Body of Instrucons 
which I have Just Received From the Honble Mr. Penn, as our Go- 
vernour in Chiefe, whereby he is pleased to Constitute and appoint 
me his Lievt. Govr. Genii, and Comander In Chief over the Pvince 
and Territories; and itt being Directed by the Instruccons, that his 
accession to the Dominion of this Country be made Known to the 
people. With your advice and assistance, in the most publick man- 
ner I must Desire your opinions and Concurrence therein. 

And as there are severall at this Board who are Likewise mem- 
bers of the psent assembly, and therefore Know that I am under a 
pmise to Call that body Together, upon my Receipt of any Orders 
tTrom Britain Relating to this pvince : I would also know your sen- 
timents, whether the assembly ought not to be Imediately Called by 



MINUTES OF THE 67 

Writts of Sumons, In order to Join with me and this Board in Re- 
cognizing Mr. Penns Right & Title to the Government. Then the 
sd. Comissons and Instrucons were ordered to be Read, and Every 
member psent having spoke to the subject matter before them, thojr 
were all of opinion, that In Order to secure the peace of the Colony, 
and to pserve the Perfect Good understanding wch had Hitherto 
most Happily subsisted between the Govr. and the people, it seem- 
ed necessary to Call the assembly upon this Occasion, and that 
since the ffirst Instruccon Directed the Govr. to publish his Comissn. 
In the most ample manner, by the Councills advice they Could not 
suggest or advise any method to Publish the same with more Re- 
spect to Mr. Penn, or Efficacy to His service than by the Govr. 
in Conjunccon with the Councill, and the peoples Representatives In 
assembly. And itt being Likewise Observed, that the throe Lower 
Counties upon Delaware were Equally Efibcted with the pvince by 
this Change, and that Jasper Yeates and Collo. John ffrench, Esqr., 
Two members of this Board Residing Iheie, ought to be sumon'd to 
attend at this Solemnity the Sixth Day of May, was moved as the 
shortest time Could be allowed for the Return of Writts to be Issued 
for Calling together the assembly, with a iFull Council ; and the sd. 
Writts of Summons were ordered to be Issued ffbrthwith accord- 
ingly. 
The Governours Speech to the Assembly, May the 7th, 1719, 
..Gentl. of the Council, Mr. Speaker, and Gentl. of the Assembly : 

According to my pmise I have Called you together, In order to 
^, acquaint you that I have Lately Reed, a Comission From the Honble 
i^jWm. Penn, Esqr., as our Govr. In Chief, with Instruccons to pub- 
lish his accession to this Governmt. by advice of the Council. In 
the most Solemn manner wch sd. Comissn. and Instruccons, with the 
minute of Council thereupon, I have ordered to be Laid before you.. 
Since that I have seen the pobateofthe late Proprietors Last will 
, and Testament, In the Hands of Mr. Secretary Logan, whereby the 
^powers of Governmt. over This Province seem to be Devised in 
(Trust after a Peculiar manner, and I am told these Diffrences are 
not Likely to be speedily adjusted. 
, Gbntlemex : 

My Duty to the Crown unquestionably obliges me, while in this 
.stacon, at all times to use my utmost Deligance In preserving the 
good order and peace of the Governmt., and to keep the Kings sub- 
jects of this Colony ffirm In their alleigance &; Dutiful! obedience to 
his most Excellent Majesty & our Sovreign Lord King George. 

To the End therefore that this may be Done with greatest Cheer- 
fulness and unanimity, and Likewise that all Due Respect may be 
pd to Mr. Penn and E'ery other Branch of the Late Proprietors Fa- 
mily, I must Desire that you will assist me with your opinions and 
advice, wch I doubt not will have the Same weight with all the pties 
Concerned In Brittain, as you may be assured itt shall Ever havp 
with me. 



58 PROVINCIAL COUNCIL. 

I have Reed, a Letter firom ths Indians Chiefs att Conestogoe by 
a Letter to Mr. Secretary Logan, vvch Informs us, that our Indian 
Hunters have been attacked near the Head of Potowmack River, by 
a Considerable body of Southern Indians Come out to warr against 
the ffive Nacons, and the Indian Settlements on Susquehanna. 

They have killed Severall of our People, and alarmed them all, so 
that the Careful! attencon and Vigilance of the Governmt. was never 
more called upon then att this Juncture, and much will Depend upon 
your unanimous & Steady Resolucons to support the administracon 
In all its parts. 

The Address of the assembly of the province of Pennsilvania, The 
Ninth Day of May, Annoq Dom., 1719. 

To The Honble Willm. Keith, Esqr., Governr. of the same 
pvince, In answer to his speech of the Seventh Instant. 
May it please the Governr. : 

The memory of the Honourable Wm. Penn, our Late pprietary &; 
Governr. In Chief being Dear to us. We Cannot but have a just and 
Due Regard to his ffamily, and should account itt our Happiness to 
be Governed by a Branch thereof, under the most auspicious Reign 
of our Royall Sovreign King George. 

And since the Governr. has been pleased to shew so great a Re- 
s^ard to the advice of the Representative Boody of the ffreemen of 
this Province, as to Consult them in a matter which so highly Con- 
cerns them, We must acknowledge it as a great Condesencon, and 
an addiconal Instance of his Known affeccon to this Colony, with 
Kind Inclinacons to pserve the Publick peace and Weal of this 
Governmt. 

The Contents of those Instruments and Writings wch the Govr. 
was pleas'd To Lay before this House, Brought us under a Very 
Deep Concern How to assist Him with advice suitable to the present 
Emergency, For We find the first part of y' pprietors Will Seems 
to Vest a Trust in the Noble Lords there named, in order to accom- 
plish the Treaty of a surrender of this Government to the Crown, 
wch was begun by our Late Proprietary. 

And though that Trust may occasion Various opinions in Law and 
Equity, Yelt that Does not so much Effect us at psent, as the want 
of ascertaining the Terms wch we have been ahvajes Given to Ex- 
pect would accompany the Surrender In ffavour of the People Called 
Quakers, ivho Embarked with the sd. pprietary In the Laudable 
Design of this Considerable addicon to the Public Empire. 

And therefore think itt our Duty at this Juncture to Claim those 
Rights & ffavours wch have been pmised to us. 

The Governr. well knows, that the administracon of this Govern- 
ment since the pprietarys Decease is supported by a Law Confirmed 
by her late majesty Queen Ann, and by Virtue thereof. Is so to Con- 
tinue till further order flrom the King or the Heirs of the sd. Lata 
Proprietary and Governour. 



MINUTES OF THE 59 

And notwithstanding the Great Regard the Govr. has to the 
Comissn. sent him by the sd. pptietarys Heir att Law, Yett since 
that Heir seems not by the afd. will Invested with the power of 
Governmt., but the Devise thereof made to the sd. Lords, being al- 
lowed by his own Council to be Good ; And since itt Does not 
appear that Comisso. is attended with the necessary Requisites 
Directed by acts of Parliament for Qualificacon of Persons Concern- 
ed In such stacons & security of Plantacon Trade; We Conceive it 
will Contribute to the peace of this Governmt., and be safe for the 
Govt, that he for the present forbear to publish the sd. Comisson., 
and hope there will no Just Occasion of Offence be Given if the 
Govr. should wave the superseding the powers Given him by the sd. 
Law untill he Recives the pleasure of the sd. Trustees, or has the 
Lord Chancellore Decree for his Direccon ; The Rather because we 
understand that an amicable Suit is Depending In Chancery between 
the Executrix and Heir at Law, In order to settle Both their Claims 
to this Governmt. 

We Heartily Join with the Governour In his Good Resolucons to 
pserve the Good order and peace of y° Governmt. and Loyalty of 
his majtes. subjects In this Colony. 

As Touching the attack Lately made upon our Neighboring In- 
dians, we hope the Govr. hath already Taken pper measures In that 
affair Towards quieting their minds, and will use his utmost Endea- 
vor to Prevent such Incurcon upon them ffor the fTulure by Due 
Representacons to the neighboring Governmt., and Perswasions to 
our Indians not to give ft'urther Provocacons. But that they will 
ffall In with more Peaceable Inclinacons, as the same will Contri- 
bute to their Ease and Safety, and obtain the Friendship and pro- 
teccon of this Governmt., and this House Gives the Govr. assurance 
that the necessary Charges thereof shall be pvided For, and y' 'tig 
there full purpose to support the administracon to the Best of their 
Power. 

Signed by Order of the House, 

JONATA. DICKINSON, Speaker. 



At a Council held at Philada., the 11th day of May, 1719. 

PRESENT : 

The Honble WILLIAM KEITH, Esqr., Governour. 

Richard Hill, Samll. Preston, 

Jasper Yeates, Antho. Palmer, 

Wm. Trent, Robt. Assheton, 

Isaac Norris, John ffrench, 

Jona. Dickinson, James Logan, Secretary. 

The Govr. acquainted the Board, that on Saturday last he had 
Reed. In Council an address to the Assembly, in answer to what he 
had Laid Before that House» 



30 PROVINCIAL COUNCIL. 

That the Board being there, but then it was adjudged Convenient 
to Defer the Consideracon of that address till a full one Could be 
Convened. That all the members of Council being now psent. the 
Govr. Refers the sd. address to their Consideracon, and Craves their 
advice Thereupon. 

The address being again Read and Considered Each member se- 
perately Delivered his Sentiments, and it is the Opinion of a majority 
above two to one, That seeing the Govr. upon his first Receipt of 
the Comissn., had by the unanimous advice of this Board Called the 
Assembly, In hopes as itt was then Expected that the sd. Commisson 
would with their Concurrence be more advantageously Published, 
and more effectually to Mr. Penns service, altho' it now appears that 
by means of other Letters or accounts since Rec'd by Capt. Annis, 
The assembly have fallen Into sentiments Different from what had 
been Expected; Yett should the Governour, through his zeal for Mr. 
Penns Service, pceed Immediately to Publish that Comisson. In Di- 
rect Opposicon to the advice of the assembly. It would be attended 
with Consequences much more Injurious to the Interest of Mr. Penn, 
by Raising the Divisions in the Countrey, from whence Disadvanta- 
geous Representacons to the Court & Ministry att this Critical! 
Juncture might be made, than anything that Could Possibly fibllow 
From some small Delay ; 'Tis therefore the advice of the sd. majo- 
rity, that the Governour would be pleased to Delay the Publicacon 
of the sd. Comission, till such time as he shall Receive further Di- 
rections ffrom the Heir to proceed therein. 



At a Council held at Philadelphia, July the 8th, 1719. 

PRESENT : 

The Honourable WILLIAM KEITH, Esqr., Governour. 

Richard Hill, Robert Assheton, 

Jonathan Dickinson, * James Logan, Secretary. 

The Governour acquainted the Board, that having received certain 
Advices from Brigadier Hunter, Governour of the Provinces of New 
York & New Jersey, that He designed speedily to embark for Brit- 
tain, therefore considering the near Relation this Governmen has 
to that of New York & New Jersey upon the account of our 
Neighbourhood, and the affairs depending to be yet settled between 
these northern Colonies in Relation to the Indians, the Governour 
judged it convenient that He should at this time take a Journey to 
New York, not only to pay Governour Hunter a visit of Respect at 
his Departure, but also to settle some Foundation for a Correspon- 
dence with those who were to succeed in the powers of Governmen? 
incase of any future Emergency, and for these Reasons, if the Board 
had nothing to object, He designed very speedily to set out expecting 
that his Absence from the Government would not be long. 



PROVINCIAL COUNCIL. 61 

Tlie Board approved of the Governours Proposal, wished him a 
good Journey & safe Return, and then adjourned. 



At a Council held At Philadelphia, October the 3d, 1719. 

PRESENT : 

The Honourable WILLIAM KEITH, Esqr., Gevernour. 

William Trent, James Logan, Secretary. 

Jonathan Dickinson, 

The Governour having Received from the Several Coroners and 
Sheriffs of the respective Counties of this Province, Returns of the 
Elections of psons to be presented to the Governour for his Choice 
of a Sheriff and Coroner for each County respectively, was pleased 
to desire the Advice of the members present in his Nomination, 
which is as follows : 

For Philadelphia City &■ County : Owen Roberts & David Evans 
being chosen for the office of Sheriff, Owen Roberts is appointed ; 
And Richard Walker &, Edward Church for that of Coroner, Ri- 
chard Walker is appointed. 

For Chester : Nicholas Fairlanib &. Robert Barber beinj; returned 
for the office of Sheriff, Nicholas Fairlamb is appointed ; And Jonas 
Sandiland and John Wade for that of Coroner, the first is nomina- 
ted. 

For Bucks : James Moon & Abraham de Normandie being re- 
turned for the office of Sheriff, Abraham de Normandie is appointed ; 
And John Cutler & Abel Janney for that of Coroner, the first is 
named. 

And accordingly. Commissions are ordered to the said persons for 
their respective Offices, the Sheriffs giving Security in the Rolls of- 
fice as the Law directs. 



At a Council held at Philadelphia, October the 15th, 1719. 

present: 

The Flonourable WILLIAM KEITH, Esqr., Governour. 

James Logan, Robert Assheton. 

The Representatives of the ffreemen of this Province elected on 
the first instant, having met yesterday in Assembly, in pursuance of 
their Charter and Law in that case provided, were ordered this 
morning to attend the Governour, and now presenting themselves 

6 



62 MINUTES OF THE 

accordingly, William Trent, Esq., addressing himself to the Gover- 
nour in the Name and Behalf of the Assembly, acquainted him, That 
the House of Representatives had been pleased to m ikc Choice of 
him from amongst divers others who were more worthy of that Ho- 
nor, to be their Speaker ; and therefore in their Behalf, He was now 
to request the Governours Approbation. The Governour answered, 
that as the House had undoubtedly a Due Regard to the Interest of 
the Countrey in the Choice they had made. So He heartily approved 
their Nomination of a Person who is so particularly agreeable to 
him. 

Then the Governour spoke to them in these words. 
Mr. Speaker & Gentlemen of the Assembly : 

I must reflect on every occasion which I have had to meet the As- 
semblies of this Province with great satisfaction, and the present 
oppertunity cannot possibly leave a less agreeable Remembrance, 
since I have the Pleasure to present you with the Royal Assent to, 
and perpetual Coniirmation of a Law which gives you the full En 
joyment of English Liberties, and therefore must doubtless be for 
ever valued by yourselves and your Posterity as an inestimable 
Freedom and Birth Right. I mean the act which I passed in IMay, 
1718, for the Advancement of Justice and more certain Administra- 
tion thereof. 

This Success has been chieffly owing to the perfect Harmony and 
good correspondence that has hitherto subsisted between me and the 
Representatives of the People, A Circumstance which secures our 
Peace, and puts us above the Reach of Faction ; ftbr, so long as your 
Friends in this Government continue be mine my Enemies must un- 
avoidably expect to be treated as yours, And while so guarded 
what have we to fear. 
Gentlemen : 

Knowing that it is not an usual Bcason of the year for a long 
Session, I would not overcharge you with Business ; Only I must in 
one point take Leave to recommend to you the Imitation of an Eng- 
lish House of Commons, by voting at first the sums which you shall 
judge necessary to support the charge of Government for the current 
year, and then with convenicncy proceeding to the ways & means 
ibr raising that supply. This method not only gives Life and Credit 
to the Administration, but will be of great use to me, both in the ma- 
nagement of thepublick and my own private Affairs, which equally 
depend upon your Conduct and Good VVill. 

The Speaker receiving a Copy of the Speech addressed himself (o 
the Governour, and in the name of the House desired. That the Go- 
vernour would grant the members of the Assembly free access to his 
person, when sent to him by the House. 

That he would protect them in all their Privileges as an Assem- 
bly ; And that he v.ould be pleased to put the most favorable Con- 
strucon on all their proceedings ; All which being promised by the 



PROVINCIAL COUNCIL. 63 

Govcrnour on his part, They with drew The Royal Assent to the 
Act mentioned in the Governours Speech, is in these words follow- 
ing : 

::::::::::::::::::::::::::::::: At the Council Channbers, Whitehall, the 

ii Locus Sigill :: 26th of May, 1719. 

!: privat Concih jj ruKSENT : 

::::::::::::::::::::::::::::::: Their Excellencys the Lords Justices. 
Arch Bp. of Canterbury, Earl of Berkley, 

Lord Chancellor, Mr. Secretary Craggs, 

Lord President, Duke of Manchester, 

Lord Privy Seal, Eat 1 of Westmoreland, 

Lord Steward, Earl of Hay, 

Lord Chamberlain, Bishop of London, 

Duke of IMarlbro, Mr. Chancellor of the Dutchy, 

Duke of Roxburg, General Wills, 

Earl of Sunderland, Earl of Halyfax. 

Upon reading this Day at the Board a Representation from the 
Lords Commissioners of Trade and Plantations, dated the 1st of this 
instant, setting forth their having had under Consideration, an Act 
passed at An Assembly in Pensilvania, held in May, 1718, intituled 
an, " An Act for the Advancement of Justice and more certain Ad- 
ministration thereof," And the said Commissioners having taken the 
Opinion of Council learned in the Law touching the same, do hum- 
bly present the said Act as proper to be confirmed. Their Excellen- 
eys the Lords Justices in Council, taking the same into Consideration, 
are pleased, pursuant to the Powers reserved to his Majesty, in the 
Charter of Propriety granted to William Penn, Esqr., to declare 
theii Approbation of the said Act ; And according to their Excellen- 
cys Pleasure theieupon exprest, the said Act is hereby confirmed, 
finally enacted and ratified, v/hereof the Deputy Governour, Council 
and Assembly of the said Province, and all others whom it may con- 
cern, are to take Notice and govern themselves accordingly. 

ROBERT HALES. 



At a Council held at Philadelphia, November the 7th, 1719« 

PRESENT : 

The Plonourable WILLIAM KEITH, Esqr., Governour. 
Jasper Yeafes, Robert Assheton, 

Richard Ilill, Colonel John French, 

Isaac Norris, James Logan, Secretary. 

Samuel Preston, 

The Governour spoke as follows. 
Gentlemen : 

Having at this time some Orders from the Crown, and several 



64 MINUTES OF THE 

othor matters of Importance to lay before this Board, I am sorry to 
find myself under the ungrateful Necessity first to acquaint you, that 
this Board, as well as myself, have been so treaehelously dealt with 
by a certain member of the Council, that I must be of Opinion, nei- 
ther the Interest of the Crown nor the Proprietary Rights can be pru- 
dently and effectually pursued while such Persons areadmitted into our 
Councils; And that every one present may fully perceive both the Jus- 
tice and Impartiality of this Charge, I have here drawn up in Writting 
some particulars, which if the Gentlemen thinks fit to deny, I am ne- 
vertheless confident they will be fairly proved against him. However 
that we may proceed regularly, and with all the moderation possible in 
such a Case-, after the Accusation is read to you, and a Copy of it deli- 
vered to the Party, I am only to desire that He may be obliged to with- 
draw from attending the Council as a member of this Board, untill 
by his Answer and a fair Hearing thereupon, He shall have Justified 
himself as to the Points wherewith he now stands charged. 
Gentlemen : 

If my easie Temper was not so generally known as I believe it 
is, yet the continued Acts of Favour wherewith I have distinguished 
that Gentleman and his whole Family, ever since my Arrival here 
unto this day will, I hope, sufiiciently convince even himself as well 
as others, that nothing less than my positive and indispensible Duty 
to the Crown, Joined to a faithful Discharge of that Trust which I 
hold with regard to the Proprietary could have extorted any thing of 
this Nature from me. 

Then was read by the Clerk a Paper delivered to him by the Go- 
vernour in the following words. 

An Impeachment or Charge delivered by the Govcrnour to the 
Council, against Robert Assheton, Esqr., a member of that Board. 

1. That in several Cases of great Importance to the Peace of this 
Colony, where matters relating yr unto have been debated fully r.nd 
freely in Council, the said Robert Assh'^'tnn, contrary to his oath as 
a member of that Board, has frequently divulged and retailed the 
Debates and opinions there had and delivered, and by vain Attempts 
of that kind to colour his own particular Sentiments in Opposition to 
what has been resolved upon by a majority of the Council, has cn^ 
deavoured to create Jealousies and misunderstandings in the minds 
of many of the good People of this Province, against the Just Pow- 
•ers and legal Administration of the Government. 

2. Th;it the said Robert Assheton being filled with unprovoked 
and most unjustifiable malice, did, by his Letters dated the latter End 
of August or the Beginning of September last, directed to his Excel- 
lency Wm. Pcnn, Esqr., and also by his Speeches delivered to the 
Bearer of those Letters, most falsely accuse and basely traduce the 
Governour and the majority of this Board. And the said Robert 
Asshetnns Expressions upon that Occasion were these, or to this 
Effect, Viz: " That He (the Bearer) must particularly acquaint Mr. 
Penn who were his Friends and who not ; Tha,t surely he knew 



PROVINCIAL COUNCIL. 65' 

Govcrnour Keith had not only refused to publish Mr. Pcnns Com- 
mission, but even had slighted it ; That Governour Keiths Design 
was to out Mr. Penn and get the Government to himself, But that 
He (the said Assheton) was Mr. Penns stiff Friend, and had stickl'd 
for him tho' to no Effect hitherto, because he had only one member 
of the Council to Join him ; That tho' the Bearer was a Stranger to 
Mr. Penn, yet being heartily recommended to liis Favour by these 
Letters, He might freely take an oppertunity over a Bottle to assure 
Mr. Penn that these things were unquestionably true." 

Mr. Assheton pleaded his Innoccncy to the whole Charge, and 
having obtained time to prepare a particular Answer to every article 
thereof, and a Copy of the Charge being also delivered to him, He 
by the Governours order withdrew from the Board. 

The Governour laid before the Board a Letter from Mr. Dclafaye, 
Secretary to their Excellencys the Lords Justices Regents of Great 
Britain, Sic, dated the 30th of July, 1719, with a Report from the 
Right Honourable the Lords Commissioners of Trade & Planta- 
cons to the said Lord Justices,, dated the 21st of July, 1719, both 
which were read and ordered to be entered on the minutes of this 
Board, being in these words. 

Whitehall, 30th July, 1719. 

SiK, 

Upon my reading to the Lords Justices your Letters to Mr. Secre- 
tary Craggs, giving an account of your having received a Commis- 
sion from the son of the late Mr. Penn, and of your proceedings 
thereupon, their Excellencys were pleased to refer the same to the 
Consideration of the Commissioners for Trade & Plantations, whose 
Report I laid this morning before their Excellencys ; which Report 
being approved of, I send you a Copy of it, and I am to signify to 
you their Excellencys Approbation of what you have done, and their 
Directions that you do as is proposed in the said Report, continue to 
act as Governour of Pensilvania under your former appointment, 
till the Proprietors and the Trustees shall have settled the Differen- 
ces between them, or until further Signification of his Majestys or 
their Excellencj's Pleasure. 

I am, Sir, your most obedient humble servant, 

CFL DELAFAYE. 

Addressed to Wm. Keith, Esqr., Governour of Pensilvania. 

To their Excellencvs the Lords Justices. 
(Copy.) 
May it please your Excellencys : 

In obedience to your Excellencys Commands, signified to us by 
Mr. Delafayes Letter of the 4th instant. We have considered what 
Mr. Keith, Deputy Governour of Pensilvania, writes concerning the 
late Mr. Penn's son, who pretends to assume the Powers of Gov- 
ernmt. in that Province, together with the proceedings of the Council 

VOL. III. 



&6 MINUTES OF THE 

and the Address of the Assembly there, on Occasion of a new Com- 
mission sent by Mr. Penn to Mr. Keith for the Government of the 
said Province ; whereupon, We humbly represent to your Excellen- 
cys, That in our opinion Mr. Keith has done very well in declining 
to act under this new Commn. for the Reasons mentioned in the Pa • 
pers referred to us, and likewise for another much stronger, which 
is, that by virtue of the Act of Parliament, passed in the 7th & 8th 
years of the Reign of his late majesty King William, entituled An 
Act for preventing Frauds and regulating Abuses in the Plantation 
Trade; all Governours nominated and appointed by any Proprie- 
tors, who shall be entituled to make such nomination, are to be 
allowed and approved of by his Majesty, his heirs and Successors ; 
And tho' his Majesty has been pleased to approve the Nomination 
of the said Mr. Keiih to the Government of that Province, by the late 
Mr.Penn. We Conceive the Commission now granted by IMr.Penn, the 
son, is a new nomination, and ought to have been laid before his 
Maty, for his royal Pleasure, and the said Governours Security re- 
new'd for observing the several Acts of Trade as usual in the like 
Cases. 

We think it our Duty upon this occasion to acquaint your Excel- 
lencys, that We have been informed there was formerly an Agree- 
ment made between her late Majesty and Mr. Penn for this Province, 
and that Mr. Penn did receive part of the money in pursuance of the 
said agreement. We are not able to Judge how far it may suit with 
the present Condition of his majestys Affairs to complete this agree- 
ment, but we cannot help thinking, that all Occasions should be laid 
Hold on to recover at least the Dominion of all the Proprietary Co- 
lonies into the hands of the Crown ; And in the mean time. As 
Mr. Keith has behaved himself very well there. He may be contin^ 
ued under his former Commission, (ill the present Proprietor and the 
Trustees shall have settled the Ditlerences that are between them. 
Which is most humbly submitted. 

J. CHETWYND, 
CHARLKS COOK, 
T. PELHAM, 
MARTIN BLADEN. 
Wliitcball, I 
July 21, 1719.5 

Hereupon every member of the Board Spoke, and did with great 
Deference and Regard express tlicir obedience to, :ind entire satis- 
iaction with the orders and directions which their Excys. the Lords 
Justices had in their great Wisdom been pleased to signify to the 
Governour in the above Letter; Whereby They humbly conceived 
that all the Powers of Government which had been formerly at any 
time granted unto,or held by the Governour were unquestionably con- 
firmed unto him, and that without tho least Incroachment upon or 
Prejudice un'o the Proprietary Riglits granted by the royal Charter- 



PROVINCIAL COUNCIL. C7 

And wliercas it may very much conduce to the satisfaction of his 
Majestys subjects in this Colony, and the general Peace and Tran- 
quility of the Government, that a Proclamation be forthwith issued, 
publishing the aforesaid orders of their Excellencys the Lords Justi- 
ces, wherein it may also be proper to take notice of the Provision 
made by one Act of Assembly of this Province, made at Philadelphia 
in the 1 Ith & r2th year of her late Majestys Reign, entituled An 
Act for the further securing the Administration of the Government, 
and by one other x\ct of the Assembly for the Counties of New Cas- 
tle, Kent and Sussex upon Delaware, passed at New Castle in the 
4th vear of his present Majestys Reign, entituled An Act for the 
better Security of the People and Government of the Counties of New 
Castle, Kent & Sussex, in case of the Demise of the Proprietor for 
the time being, by which two several Acts, it is among other things 
enacted and provided; That in case the Governour in Chief of the 
said Province and Counties respectively shall happen to be removed 
by Death or otherwise. Then it shall and may be lawful for his De- 
puty or Lieutenant for the time being, to exercise all the Powers of 
Government as fully and amply as before, till further orders from 
the Crown or the Heirs of the Proprietary and Governour in Chief, 
which shall first happen ; It is therefore ordered, that Proclamation 
of this kind be prepared by the Secretary, to be laid before the Board 
at next meeting of Council. And then the Council adjourned. 



At a Council held at Philadelphia, November the 9th, 1719. 

PRESENT : 

The Honourable WILLIAM KEITH, Esqr., Giovernour. 

.lasper Yeates, Anthony Palmer, 

Richard Hill, Jonathan Dickinson, 

Isaac Norris, Colonel John firench, 

Samuel Preston, James Legan, Secretary. 

Present also, David Lloyd, Esqr., Chief Justice, at the Governours 
Desire. 

The Proclamacon ordered to be prepared at last Council was 
read, and with some amendmts. ordered to be engrossed, sealed, pub- 
lished and printed. 

The Governour laid before the Board an order of the Privy Coun- 
cil of Great Briltain, for repealing divers laws of this Province, 
Nvh'ch is as follows. 



68 MINUTES OF THK 

::::::::::::::::::;::::::::::: At the Council Chamber, Whitehall, the 

i! Locus Sigill ji 21stof July, iriy. 
:: privat Coiicil. jj present : 

:::::::::::::::::::::::::::::: Their Excellencys the Lord Justices. 

Arch Bp. of Canterbury, Lord Steward, 

Lord Chancellor, Dukeof Roxburg, 

Lord President, Mr. Secretary Craggs, 

Earl of Sunderland, Mr. Chancellor of the Dutchy, 

Earl of Hay, General Wills. 

Lord Privy Seal, 

Upon reading this day at the Board a Representation from the 
Lords Commissioners of Trade and Plantations, dated the 8th of this 
instant, setting forth, their having had under Consideration several 
Acts passed in Pensilvania, entituled as follows, Viz : 
Passed between 14th Octr. 7 An Act for amending divers Laws 
iri2, & 27 Mar. 1713. 5 iierein mentioned. 
Passed between I 4th "] An Act of Privileges to a ffreeman. 
Octr. 1714, & 28th L An Act for impowering religious Societys 
May, 1715. J to buy, hold and enjoy lands, tenements, <kc. 

" An Act for establishing the Courts of Quarter Sessions in the 
Province. 

" An Act for establishing the Several Courts of Common Pleas in 
this Province. 

" An Act for erecting a Supreme or Provincial Court ofLaw and 
" Equity in this province. 

" An Act for coroborating the circular Line between the Coun- 
" ties of Chester & New Castle. 

" An Act for the Ease of such as Conscientiously scruple to take 
" the Solemn Aflirmation formerly allowed in Great Brittain. 

" An Act for the better ascertaining the Practice of the Courts of 
" Judicature in this Province. 

" An Act for laving a Duty on Wine, Rum, Brandy d: Spirits, 
Cyder and Hopps, imported. 

An Act for laying a Duty on Negroes imported into this pro- 
vince. 

And the said Lords Commissioners having the Opinion of Mr. 
West, one of his majestys Council learned in the Law upon the 
the same, do humbly present the said Acts as proper to be repealed. 
Their Es'cellencys the Lords Justices in Ceuncil taking the same into 
Consideration, are pleased, pursuant to the Powers reserved to his 
majesty in llie Charter of Propriety granted toWilliam Penn, Esqr., to 
declare their Disallowance of the said Acts; And according to their 
Excellencys Pleasure ihereupon expressed, the said acts are hereby 
repealed and declared Void and of non effect. Whereof, the Deputy 
Governour, Council and Assembly of the said Province, and all o'hers 



PROVINCIAL COUNCIL. 69 

whom it may concern, are to take notice and govern themselves ac- 
cordingly. 

JAMES VERNON. 

And Whereas the several Acts for constituting the Courts of Quar- 
ter Sessions, Courts of Common Pleas and Supreme or Provincial 
Courts, are by the aforesaid Order repealed, by which means, all 
the said Courts do fall ; the Governour therefore proposes to the 
Board, to consider of the best method to prevent the Inconvenien- 
cies, that by a Discontinuance of the Courts and depending Process 
may ensue to the Country, Which being fully Considered and de- 
bated, it was the opinion of the Board, That the Governour should 
issue new Commissions to the Justices of the several Counties of the 
Province, authorizing & requiring them to hold Courts of Common 
Pleas on the same Days on which they should have held tlr m by 
the Law lately repealed, and to take Cognizance of all the Causes 
dependincT in the last Courts ; as also Commissions to the said Justi- 
ces to hold Courts of Quarter Sessions, on the Days upon which 
they should respectively have been held by the repealed Law, 
proceeding therein according to the Course of the Common Law and 
the Law of this Province. 

The Governour laid before the Board a Petition from one John 
Eraser, in the following words : 

To the Honourable Wm. Keith, Esqr., Governour of the Province 
of Pensilvania, and the Counties of New Castle, Kent & Sussex, cni 
Delaware, the Petition of John Eraser, late of London, mercht., 
humbly sheweth: That in the month of January, in the year of our 
Lord, 1716, being then in London, in Great Brittain, Nathl. Stallard, 
late of London, mercht., and Charles Pinketl.man, late of London, 
mariner, being owner of a certain Sloop called the Nathaniel & 
Charles, did constitute and appoint the said Juhn Eraser, Super Cargo 
of the said Sloop, in a Voyage intended to be made to several places 
in America, and accordingly your Petitioner came on Board the 
said Sloop, and in her voyage expended divers Sums of money of 
his own for the ffitting & equiping the said Sloop, with Provisions, 
Arms & Ammunitions necessary for her said Voyage ; and your 
Petr. further Sheweth, that after the Departure of the said Sloop 
from the Island of Jamaica, tne aforesaid Charles Pinkethman, Co- 
mander of the said Sloop died, and some of the Sloops company 
laying hold on that occasion mutinied against Wm. Tempest, who 
succeeded in the Command of the said Sloop and put him on shore, 
and afterwards went a pyrating in the said Sloop, and the said Py- 
rats difTering amongst themselves, some of the mariners, in the ab- 
sence of their Companions who were gone on Board a vessel which 
they had then taken belonging to the Subjects of the King of Great 
Britam, set sail and arrived in this port of Philadelphia, in the 
month of July, where they delivered themselves in the year of our 
Lord, 1718, with the said Sloop, her Tackle, Ammunition, Arms & 
ffurniture, to your Honr. And your Petr., in the month of No- 
vembei, in the year aforesaid, being then in the Island of Jamaic<i 



70 MINUTES OF THE 

aforesaid, and having Notice of the said Sloops being in this port of 
Philadelphia, did forthwith put in his claim to the said Sloop, with 
her appurtenances. And your Petr. being now arrived in this Pro- 
vince, and having viewed the said Sloop with what belongs to her, 
and finding the same of but very small value, He Humbly prays 
your Honr. will be pleased, as soon as with Conveniency it may be 
done, to order the same to be delivered to him as Super Cargo afsd., 
for the use of the said Nathl. Stallard, as surviving owner of the said 
Sloop. And your Petr. shall always pray for your Health and 
prosperity. 

JOHN FRASER. 
And it appearing that the said John Frasers claim was made in 

due time by his letter to the Governour, dated from Jamaica as 

well as by his orders to his Correspondt., George ffitzwater. mercht, 
of this City, who had waited upon the Governour in that behalf; the 
Board were of opinion, that the Governour might order the said 
Sloop and ffurniture to be delivered according to the prayer of the 
said Petition. 

The Governour further acquainted the Board, that he had just 
now received a paper signed by Robt. Assheton, which he supposed 
the said Assheton intended as an Answer the particulars wherewt. 
the Govr. had charged him at the last Council; And the same being 
vead, it did not give that satisfaction which in this Case might rea- 
sonably have been expected ; Wherefore, it was moved, that if the 
said Robert Assheton thought fit to insist further upon his Justifica- 
tion before this Board, some time must be given to summon and bring 
in the Evidences, and then a Day might be appointed in order to give 
the said Robert Assheton a ffurther Hearing, unto which the Gover- 
nour readily Condescended. 

Colonel French having been sent, by advice of this Board, to Co- 
nestogoe, in the month of June last, to tieat with the Indians, and 
having at his Return reported the Effect of his Journey and Treaty 
to the Governour, but not to the Council, at which he has not been 
present since that time till the 7th instant, it is Judged convenient 
that the said Report should be now made to the Board, which is 
made accordingly in these words. 

On the 28th Day of June, 1719, Colonel flfrench Spoke to the In- 
dians, at Conestogoe, as follows. 
Friends & Brethren : 

By the Seal to this Paper affixed, and by my old acquaintance &; 
ffreindship with you, you will believe that I am a true man, and sent 
from your good ffViend and Brother, the Governour of Pensilvania, 
to let you know that he is well pleased and satisfied with the Letter 
He recv'd, by the care of our good fTriend John Cartledge, in the 
Beginning of this month, signed in behalf of you four Nations here 
met, in which Letter you declare severally your Intentions of Keep- 
ing his Words, and if any amongst you have done amiss, and de- 
parted from what was right and Good in keeping your Promises, to 



PROVINCIAL COUNCIL. 71 

observe strictly Peace with all the Indians in ffriendship and League 
with the English, you have therein acknowledged your Errors and 
mistakes, and engaged to offend no more in that Nature or Case. 

The Governor takes these assurances of your Good Behaviour very- 
kindly, and now He & his Council have sent me on purpose to visit 
you that I might further treat with you, and receive from you in the 
same manner, and as fully as if He and his Council (of which I am 
one) were all here, and present with you a Renewal of these good 
Promises and Engagements which you, so well begun with our good 
friend John Cartledge, and that I might more fully and largely 
give him an account of your affairs and how matters go with 
you. I must therefore acquaint you from my Governour, that as 
you in your Treaty call yourselves his Children, He will al- 
ways treat yon as his sons, and that He has, eversince your Good 
friend VVm. Penn, (who is now dead) sent him amongst you endeav- 
ored by all means to keep you in Peace, and given you other 
Tokens of his Friendship that you might flourish and inciease, that 
your old men might see their Children Grow up to their Comfort 
and Pleasure, and that the young men might bury their old Parents 
when they die, which is much better than to see your old People 
mourn for their young sons, who rashly and without Cause go to 
War and are killed in the prime of their years; And He now hopes 
that you are all fully convinced that Peace is better than War^ 
which destroys you and will bring you to nothing ; Your strong 
young People being first killed, the old Women and Children are left 
defenceless, who soon will become a Prey. And so all the Nation 
perishes without leaving a name to Posterity. 

This is a plain mark that He and We are your true Friends, for 
if wc were not then We should encourage you to destroy one ano- 
ther. For Friends save People from Ruin and Destruction, but 
Enemies destroy them, And this will serve as a mark to know all 
People by who are your Enemys, either amongst you or elsewhere, 
if they want, or study to throw Strife and P/issention amongst you. 
These are a base and bad People, and ought to be rooted out from 
amongst you ; for Love and Friendship makes People multiply, but 
malice and strife ruins and destroys. Such should therefore be shut 
out, both from you and us, as disturbers of our Peace and Friendship 
which hath always continued. 

I am also to acquaint you, that when you have in a grave and 
Solemn manner renewed your last Treaty with me, on which mes- 
sage I now come, that our Governour will write to all the Gover- 
nours of the English, that the Indians within his Govemncnt are 
resolved to live peaceably and quietly, and for that Reason that they 
should give notice to all their Indians thereof, and that all the 
Friends to the English should be accounted as one People, and the 
Governour desires you will let him know of what Nation these In- 
dians were who gave you the late Disturbance, that they may espe- 
cially be ordered to do so no more. 



72 MINUTES OF THE 

I am also to acquaint you that 'tis the Governours Pleasure, that 
if any of the five Nations come amongst you to trade or hunt, that 
you receive them as Friends and Brothers ; but if they come amongst 
you either to perswade you to go to War or to go themselves, or in 
their return from it, that then you have nothing to do with them nor 
entertain them ; for he expects that none of his Friends will know 
any People but such as are peaceable, lest they bring you into a 
snare and you suffer hurt for their Faults. 

The Governour expects and requires, that if any Prisoners by any 
means whatever fall into any of your hands that He be quickly ac- 
quainted with it, and that no pei son offer or take upon him to kill 
any Stranger Prisoner for it will not be suffered here. He has been 
much displeased at what happened, and was done by some amongst 
you last year in these parts, but it is now again a Friend upon their 
Promise and Engagement to do so no more, and will take no more 
Notice of it if they observe and fulfill their Words. It is indeed a 
shameful and a base thing to treat a Creature of their own Shape- 
and kind worse and more barbarously than they would a Bear or 
Wolf, or the most wicked Creature upon Earth. It is not man-like to. 
see. a hundred or more People singing songs of Joy for the taking of 
a prisoner, but it is much worse to see them use all their Contri- 
vance of Torture and Pain to put that unfortunate Creature to Death- 
after such a manner and was as other Nations, especially the Eng- 
lish, never heard of; For if they in a Just w^ar kill their Enemies 
it is like men in the Battle, and if they take them Prisoners they use 
them well and kindly, untill their King gives orders to return them, 
to their own County. They take no pleasure to meanly burn, pinch, 
or slash a poor man who cannot defend himself, it shows mean Spi- 
rits and want of true Courage so to do. For men of true Courage 
are always full of mercy. I am commanded to tell you, and I would 
have you remember it well, that no person whatever ofTer after this- 
time to put any man to Death by Torture here, for whoever does it 
must answer it to the Governour and Government at their peril. It 
is inconsistent with the ways of Nations ; it is a violent affront tc. 
our Government, and is Contrary to the Laws of the Great King. 
who will not suffer it. 

As our mutual and good Friendship has long Continued, So the 
Governour hopes, and the Govermt. also, that it will last from one 
Generation to another, as long as the Sun endures, and that we shall 
all be of one mind, one Heart, one Inclination, ready to help one an- 
other in all Just and good ways, by Charity, Compassion and 
mercy, Slicking Close and inviolably to all Treaties heretofore made, 
and most exactly to this now concluded, which he hopes will for 
ever last and remain to j'our good and Prosperity, which he and this 
Government heartily wish And as it is expected that every Article 
of this Treaty be from the whole Hearts of all of you^ So if amongst 
yourselves you know of any who have liom your last Treaty or will 
dissent from this, Let them be known either by their own words or 



PROVINCIAL COUNCIL. 73 

your Knowledge of thera, For what I do is done with the whole Con- 
sent of our Governour, Council & People. 

The Indians Answer delivered in Council, at Conestogoe, June 
29th, 1719. 

PRESENT : 

Colonel John ffrench, Canatowa, Queen of the Mingoes, 

Capt. James Gould, »Sevana, King of the Shavvenese, 

Joseph Pigeon, Wightomina, King of the Delawares, 

John Cartledge, Wininchack, King of the Canawages, 

James Hendrickson, Capt. Civility, of Conestogoe. 

Civility, Interpreter in behalf of the ffour Nations, who all agree:i 
to return one answer, acquainted John Cartledge, Interpreter for the 
English, that this Day the Indians were met to return an Answer to 
the Governour's Speech by Colonel French, and on no other Account.. 
Looking upon every thing said to Colonel French to be said as if 
the Governour and his Council were there present, and well know ■ 
ins: Colonel French to be a true man to the Govmt. and to the In- 
dians, They return v.'ith one Heart and mind their Thanks to the 
Governour for his kind Message. They meet him and take him by 
the Hand, and are forever determined that his will shall be theirs, 
and that on all occasions they will be ruled by the same. 

They desire that the Governour may be acquainted that they are 
much pleased that his Message came whilst their young People were 
at home, for whom they had lately been in Pain & Trouble as being 
absent and abroad, that they might hear his good Words and Coun- 
sel, which both old and young of the Mingoes, Shawanese, Delawares 
and Conawages are resolved to hearken to ; For though hitherto 
they have taken Night for Day, yet now by his good Counsel They 
can see the Light and what is good for them. They are glad that 
none of their young People miscarried in their late Journey, and that 
being now present, they have an Opportunity of hearing the Gover- 
nour's Message by Colonel French, for most of them were absent 
when the other Letters from the Govr. came, as also that they have 
an Opportunity to ask their Opinions and Designs. Their young 
People all agree to Obey the Governour's Words and Message, And 
as Colonel ffrench yesterday told them that what Fie said was with the 
whole Heart of Governour and Council; So they declare that what 
they say is not from their Mouths only but from their whole Hearts, 
and the Heart of every one. They desire the Governour to believe, 
and be assured that they will be obedient to his Words, and that 
they ever have and ever will advise their young People to be mind- 
ful of his good Advice. They acknowledge themselves so much 
obliged to the Governour for his Care and Concern for them, that 
they intend in two months time to wait upon the Governour perso- 
nally, to return their hearty Thanks for such Love from him and his 
Government. 



74 MINUTES OF TEIE 

Colonel ffrench also produces an Accott. of his Expenses, viz : 
eight Pounds five Shillings expended in Money, and for the Trou- 
ble of his Journey and Negotiation He refers it to the Board, who 
allow him ten pounds. 

John Cartlidges Accott. of his several Disbursements and Pay- 
ments to the Indians, and his Charges in entertaining and treating 
them on several occasions, by Order of the Government, was also 
laid before the Board, vizt. : nine Pounds ten Shillings supplied in 
Goods for a Present to the Indians at Colonel French's aforemen- 
tioned Treaty, and three pounds for other presents, and ten pounds 
sixteen Shillings and four pence for his several other Expences & 
Trouble, amounting in all to twenty three pounds six Shillings and 
four pence due to John Cartledge; Which Accott. being duly exa- 
mined is allowed, and ordered to be recommended to the Assembly 
to order the payment thereof, together with Colonel French's Accott., 
the whole being forty one pounds eleven Shillings and four pence, 
and is the whole Charge of Indian Treaties for this present year. 



At a Council held at Philadelphia, November the 17th, 1719. 

PRESENT : 

The Honourable WILLIAM KEITH, Esqr., Governour, 

Richard Hill, Samuel Preston, 

William Trent, Jonathan Dickinson, 

Isaac Norris, James Logan, Secretary. 

The Governour acquainted the Board, That whereas one John 
Burrows, who had been convicted before the Court of Quarter Ses- 
sions held for the County of Bucks, of a certain Crime, For which 
He was by the said Court ffined in the Summ of two hundred pounds, 
after having lain many months in the Common Gaol at Bristol, did 
now make Application by his Wife unto the Governour, that in re- 
gard of the approaching Extremity of the Winter Season, and his 
other Circumstances, the Governor would please to extend his 
Compassion towards the Prisoner, by remitting the whole or such 
part of the said ffine as should seem meet; And for the better Satis- 
faction of the Country, the Governour desires the Opinion of this 
Board what may be proper for him to do therein. The Board were 
of Opinion, That if the said John Burrowes was recommended to 
the Governour'y Compassion by the magistrates before whom he 
was convicted, Or that it was otherways certified to the Governour, 
that the releasing the said Prisoner "Avould be acceptable to the Ma- 
gistracy of that County, then the Governour might without any ap- 
parent Inconveniency make use of the Powers granted by the royal 
Charter, for remitting the whole or any part of the said Fine. 



PROVINCIAL COUNCIL. 75 

At a Council held At Philadelphia, March the 3d, 1719- 

PRESENT : 

The Honourable WILLIAM KEITH, Esqr., Go\eri\our. 
Richard Hill, Jonathan Dickinson, 

William Trent, Colonel John ffrench, 

Isaac Norris, James Logan, Secretary. 

Samuel Preston, 

The Governour laid before the Board a Letter from the President 
of the Council of the Province of New York, with certain Proposi- 
tions made by the Commissioners for Indian atlairs at Albany, to 
some Sachims of the ffive Nations, with their Answer, which Letter 
and Propositions were read, and the said Letter ordered to be Enter- 
ed upon the Minutes, and the Propositions to be kept among the 
Council Papers in the Secretary's Office ; the Letter is in these 
words. 

***** 

***** 



Then the Govsrnour acquainted the Board, that according to Mr. 
Schuyler's Desire, He had transmitted the said Propositions, with a 
Duplicate of the above Letter to the Governours of Virginia and Ma- 
ry Land. And that by his Letter of the 14th of Decemr. last. He 
had signified to the President that he was willing to Know their Sen- 
timents upon those Propositions before he communicated them to 
this Board; That the Governour of Virginia having returned an An- 
swer or Remonstrance, (which came to the Governour's hands Yes- 
terday by the Mary Land Poi5t under a flying Seal,) to the President 
of New York, upon the subject matter of Indian affairs contained in 
the Letter & Propositions above mentioned, the Governour proposes 
that the said Remonstrance which contains many things worthy of 
some Attention may be read, which was done accordingly, and or- 
dered to be entered on the Minutes at large, being as follows : 

WiLLiAMSBUPG, January 25th, 1719-20. 

Sir, — On the 2d instant I received a certain Paper, giving an ac- 
count of a Conference held at Albany, on the 7th & 9th of Novem- 
ber last, between your Commrs. for Indian affairs and some Sachims 
of the five Nations, and as fiie same came handed to me from Phila- 
delphia, without any Letter on the part of your Govmt., to introduce 
and Explain the meaning of sending such a Paper hither. I should 
scarce have taken it to have been transmitted to me from the Presi- 
dent & Council of New York, had not Governour Keith communica- 
ted to me the Copy of your Letter to him upon :hat Subject, wherein 
you mention, that it is by Advice of the Council that those Copys 
are sent as well to the Governours of Virginia & MaryLand and 
South Carolina as to him, and wherein you are pleased to express your 
self in these words, viz: " And their immediate Answers is expected 
with yours." The Account too contained in the said Paper might 



76 MINUTES OF THE 

have well caused me to doubt whether it was genuine, because when 
you vouchsaf'd me the Honour to write to me in August last, you 
then promised to take Notice of the Memorial, given in at New York 
by Colo. Robinson in behalf of this Govmt., and gave me to expect 
that you would, at the next meeting of the Indians with your Conimrs. 
press them to discover who that Chief man of Virginia was that had 
(as your Indians declared in the Conferrence at Albany on the l9th 
Day of June last,) invited them to come to wage War upon our 
tTrontiers, and had promised to assist them in the Undertaking with 
ammunition. This must needs appear to you a very treasonable 
Practice against the Peace of this Colony, so that I could not but 
think it deserved the attention of such of his Maly's Servants as had 
it most in their pQwer to detect the Conspirators, especially since 
your Govermt. was formerly applied to upon the Occasion, but not 
pceivingone Word opened by your Commrs. to the Indians on that 
Head, I could hardly imagine that the said Paper contained a just 
Account of your Negotiations. 

But to come to the Point, and to give you an Answer on the part 
of this Government, In your said Letter to Mr. Keith you are 
pleased to observed that Your Indians think themselves slighted by 
the Governments to the Southward, that this may prove of ill Con- 
sequence, and therefore sending Us Governours Copys of your 
Sachims Demands, you conclude with saying that our immediate 
Answer is expected; By which I can infer nothing less than a justi- 
fying your Savages, and threatening no longer to interpose your 
Endeavours to restrain them from infesting these Southern Govern- 
mts., or falling upon our Indian Allies unless we -will submit to their 
Terms ; but 1 beseech you, out of a Regard to his Maty's Subjects 
in these parts to keep them from such Attempts till I have fairly 
stated the Case, and then leave you and all indifferent Persons to judge 
whether your Indians have Cause to Complain of this Governmt. , 
or we of them. 

In the first place 1 cannot but wonder to see fellow Subjects indul- 
ging even to a Suspicion of Encouragement, those Savages in their 
haughty Demands of having all the King's Governours on this Conti- 
nent dance many hundred of miles to Albany to treat there upon 
every Caprice of theirs; And I with Admiration observe that your 
Commissioners (some wl.ereof, if I mistake not their names, have 
been of long standing for the Indian Affairs at Albany, and even 
you yourself for many years at the Head of them,) suffer the Sa- 
chims of (he five Nations to go away with the Notion ot their being 
iil treated by these Southern Govermts. ; Certainly, if those Gentle- 
men would have consulted the Journals of their own proceedings, they 
might have found somewhat to argue in behalf of Virginia. How- 
ever, I hope it is not yet 'oo late to remonstrate upon that Head, and 
therefore I shall take this Occasion to remind them of some Pas- 
sages. 

I shall not now run back to the Behaviour of your Indians on these 
I'Vontiers in former Governours times, nor herein trouble you with 



PROVINCIAL COUNCIL. 77 

a. long Enumeration of their Continual Infractions of solemn Treaties 
wliich they had made from time to time with this Goverment, havins^ 
laid a fiill State thereof hefore your Governnur when I was at New- 
York. I will begin with their actions in these parts only, during my 
Administration, chusingnot to dwell upon yietty Robberies and single 
]\Iurders which have been frequenlly committed by their like Skulk- 
ing Parties, but to instance only some flagrant Facts too notorious 
to be denyed. 

In the year 171^2, & 1713, They were actually in these parts as- 
sisting the Tuscarouroes, who had massacred in cold Blood some 
hundreds of the English ;ind were then warring against us, and they 
have, at this very day, the Chief Murderers, with the greatest part 
of that Nation seated under their protection near Susquehannah Ri- 
ver, whither they removed them, when they found they could no 
longer support them against the rl'nrce which the English brought 
upon them in these parts. 

During the Tuscouroro War, about two hundred of your Indians 
set upon our Virginia Indian Traders, as they were going to the 
Southern Indians w-ith a Carravan of at least eighty Horses loaded. 
And after having killed one of our People and shot most of their 
Horses they made Booty of all the Goods, declaring their Reason 
for so doing was because They did not carry their Ammunition to 
the Tuscouroroes, and this Plunder was so publickly vended to the 
Northward, that it was no Secret to your people at Albany what a 
villainous part they had been acting here with the English: And 
whether such an action be not at this day an incontestible T;uth. 
I dare appeal to you yourself, notwithstanding your Commrs. may 
be willing out of some [.'olitick views, to conceal this piece of your 
Indians Treachery. 

lii April 1711, while I was treating in person upon our Frontiers 
with the Chief of the Cattawbraes and other Southern Indians, (^vho 
were certainly at that time under the immediate protection of this 
Government, having then delivered into my Custody all their Fire 
Arms, with some Hostages,) a Party of your Indians well Knowing 
that I was present, and learning from the Tuscouroroes the Business 
we were met upon, took the Opportunity of the disarmed Condition 
of those Cattawbra's to surprize and murder several of them in the 
Night, and to run off with a ])risoner or two. Upon this Occasion, 
the Governmt. of Virginia sent Capt. Christopher Smith that Sum- 
mer to New York, to expostulate with the five Nations upon several 
parts of their Behaviour towards this Colony, and to reclaim the pri- 
soners taken from hence, and in the Conference He had with them 
at Albany, in the presence of your Governour on the l6th and 17th 
of June, their Sachims readily owned, that their People had been 
concerned in the action complained of, and had brought off one 
Woman prisoTier, but making a Sham Excuse of their not Knowing 
that the Indians they fell upon were in Alliance with the English, 

VOL. III. 



78 MINUTES OF THE 

and alledging that their prisoner had made her Escape. We were 
forced to be contented with their bear Pronnise of not Suffering their 
People for the future to come out a fighting this way to annoy any of 
the English or their Friends, but Capt. Smith was scarce returned to 
Virginia when a considerable Body of their Warriours were actually 
upon their March this way ward, and the Accounts I received of 
their Design, made me hasten away to the Northward to consult 
with the neighbouring Governours upon measures that might more 
effectually secure his Maty '3 Subjects and Allies from these Attempts 
of your Indians. 

To Judge whether I had Grounds to be alarmed at this march of 
your Indians, I refer you to your Albany Journals of the ^Slh of 
August & 15th of September I7l7, whereby it plainly appears that 
a Body of four or five hundred of their Young Warriors were in 
that month of August advanced as far as Sasquehannah River, and 
that they Openly declared their Design was to march directly to 
Virginia to make Vv'ar upon our Indians ; And it seems a second 
Promise was there made on the 2d of September, to Lawrence Clau- 
son, your Interpreter, that they would desist from molesting our 
Allies, and bend their Course to the Westward against Indians above 
six hundred miles from any English Settlement, but the event has 
shewn that this Promise was no sincerer than the former made to 
Capt. Smith, for they forthwith passing on this side of the Moun- 
tains directed their Course in the Cattawbra Country, and there fell 
upon a Company of about one hundred and forty Men, Women and 
Children of those Indians, And a remarkable occurrence will prove 
them to be of the same Nation with those who were asaulted a few 
months belbie when I was present. For the above mentioned Wo- 
man Prisoner having made her E-cape, after abundance of cruel 
usage from the Mohocks, came in to me almost famished with Cold 
and Hunger, about the middle of December 1717, and I clcrathing 
her sent her home to her own Country, and this very Woman was 
of that number of the one hundred & forty, and carried off again 
captive to the Northward, for she in 17 IS made her Escape again, 
and came in a second time to me through Pensilvania and Mary- 
Land, wi;h the Passports of Mr. Logan & Coll. Addison. 

After their Exploits with the Cattawbras, they were during the year 
1718, continually hovering about our Chrisiianna Indians Settle- 
ment, and tho' I sent out to invite them into a Treaty with me, 
they would not come to hearken to any Terms, answering me very 
haughtily that I must go to Albany to treat, and instantly demand- 
ing that I should tuin the Christianna Indians from under the Pro- 
tection of our Fort. This was wliat 1 could not in Honour nor 
Conscience agree to, because I knew that when these Tributary In- 
dians of ours yielded to the proposal of this Government in the year 
1713, for quitting the Lands and ffort they were then possessed of 
within the inhabited part of this Colony, and removing without all 



PROVINCIAL COUNCIL. 79 

our Plantations in Order to awe the skulking parties of foreign In- 
dians which at that time infested our Frontiers. Tlicy expressly- 
stipulated with me that the English should build and garrison a flbrt 
at their new Settlement, to serve as a Place of Refuge for them in 
ea-e they should be overpowered by their Enemies, so that finding 
them now by such like Threats in imminent Danger, I was instead 
of turning them away obliged to receive them into the fFort. 

After your Indians found themselves not strong enough to attempt 
any thing upon our Christianna Indians in their v.ew Situation, They 
marched home in May 1719, Openly threatening to return again 
with a greater ilbrce to try the Strength of our Fort, and having taken 
their Rout through our Inhcibitants, tlicy marclied us through an 
Enemy's Country, living on fTrce Quarters, and committing several 
Robberies and Outrages in their way. And that we might understand 
They intended to coniinue their Course. They in their way home, 
stopt on the 20th of May at the Connoy Town, under the Govmt. 
of Peiisilvania, there send for one of his M:'.jesty's Justices of the 
Peace for the County of Chester, and upon his (Mr. John Cartlidges) 
Arrival they sit down before him in a grand Council of War, pro- 
duce fifteen prisoners, bid him discourse with two of them that spoke 
English. He finds them Virginians born, and intercedes lor their 
Lives and Liberties ; They refuse his Request, and in fine tell him 
they had made a clear p ith to pass and repass to & from the South- 
ward; having removed all Obstacles out of the way, atid that they 
expected to have free Recourse for their People amongst the English 
Plantations, whilst they were making War. 

Soon after they returned in several parties carrying themselves 
very rudely to our outward Inhabitants, and in the month of July 
last They approached Christianna and ravaged our Corn Fields 
close to the Fort there, upon which our Indians sallied out and a 
Skirmish ensued, wiierein were two of ours and four of yours Killed. 
In September follov/ing, they came in the Night and lay in Ambush 
before the Gate of the Fort, and at the opening thereof they shot the 
first person that came out, and Kept firing upon the Fort until the 
English gnt to the great Gun;^, and so scar'd them away without any 
further mischief done at that time. 

A length I found m.cans to perswade one of their War Captains 
(who calling himself Cannaughtoora.) to come in with ten more to 
a Council held here, at VVilliamsburg, on the ninth of December last, 
where I with abundance of civil Treatment, ciideavoured to engage 
him to carry a Belt of Peace to their (five Nations in behalf of our 
Christianna Indians, but he haughtily refused the same, and an- 
swered that they would not be at Peace with them upon any Terms, 
however, I prevailed upon him to carry it with this proposal; That 
the five Nations should observe their ancient Treaty with this Gov- 
ernment so far as not to come among the English Plantations, and 
particularly that none of their Warriours should approach within 
twenty miles of our Fort at Christianna. 



80 MINUTES OF THE 

Now Sir, having laid before 3-011 a faithful account of your Indians 
Behaviour in these parts, during my Administration, give me Leave 
to reason with you a little thereupon; Is their close Confederacy with 
the Tuscouroroes, any ways agrecal)le to the five Nations Answer 
which Laurence Clauson reports to your Commissioners on the 6th 
of May 1712, and to be taken for the assistance promised to reduce 
those Murderers ? or is the reason they gave for plundering our 
Traders a Testimony of their acting for the English? Can their For- 
bearance with the Caltawbras so long as these were making War 
upon South Carolina, and their Continual Attacks upon them ever 
since they have been engaged for that Province, be look'd upon as a 
faithful Observance of their Engagements to your Governour on the 
last of August, 1715 ? Or is it creditable that they should not guess 
the Cattawbras to be our ffrds. when they saw me the Day before 
come out with six persons only to meet a hundred of them 1 Is not 
their marching through our Settlements a manifest Breach of their 
Treaty with Virginia ? and their continual Attacks upon our tribu- 
tary Indians so many Violations of their repeated Promises? Can 
they charge this Colony with ever injuring or molesting one of them? 
And if they willperpetualh^ haunt us, alarming and doing mischief 
to our people, need they wonder that we often follow them with Com- 
plaints, tho' they in their Conference on the 19th of June last, would 
make our complaining a crime, and your Commissioners are pleased 
to term it a troubling of your province ? 

But perhaps you may urge what I have already been told on the 
partof your Governmt., that the Indians are Strangers to oyr refined 
Notions of Honour and Justice, and y' their Savage Nature will not 
bear reasoning upon their Conduct ,' However, Let me argue the 
Case with a person that presides over a civilized People, who by 
their Situation are the only proper Conservators of tliat Peace which 
the five Nations have covenanted to observe towards all his Majes- 
ty's Subjects and Allies on this Continent. 

I have given serious Attention to your Conferences at Albany, and 
the Transactions of Indian afiairs there, and cannot but take Notice 
how the five Nations have brought your Government to confer with 
them in a more submissive and soothing Stile than they were for- 
merly treated with, even when they were much more numerous, and 
the iSnglish less powerful on this Continent; ffor I gather Jrom 
attested Records about thirty or forty years ago, sundry Instances 
of their being boldlv taxed with Injuries done our King's Subjects, 
and of their being sharply reproved and severely threatened for the 
same, to all which they then submitted with humble Promises of 
amendment, and thanking the English for being so merciful as to 
foroive them; but Now your Commrs. are either afraid or unwilling 
to uro-e upon those People their late Violences committed against 
the Southern Governments, to remonstrate to them their many In- 
fractions of their Treaties and Promises, or to take the least Notice 
of the Plunder and Captives which thej have returned with from this 



PROVINCIAL COUNCIL. 81 

Colony ; Nay, They represent us Governours, (in one of their 
Letters to Briggadier Hunter,) as if We chose to clamour upon those 
Occasions, only to put Your province to Trouble and Expence, 
and to every Remonstrance of your Injuries, the concluding Answers 
We receive is, that We mnst forthwith repair in person, or by our 
Deputies to Albany, to compound and make up the Breach there; Nor 
M'ill Preliminaries be admitted of, but it seems to be expeeiod that 
without Conditions we first appear to pay our Homage and Tribute, 
fibr when I was last at New York, I offered but two preliminary 
Articles proposed as the Basis of a Treaty which the Government 
of Virginia should for once, send to conclude at Albany, nor did 
they contain any other Condition than what had been already stipu- 
lated in former Treaty's, viz : That they should not pass on this side 
the High Ridge of Mountains to concern themselves with the Eng- 
lish or their neighbouring Indians, but as Wc hi.d experienced that 
the agreement of the Sachims siirnified litle without the Concurrence 
of the young men, I judged it convenient to insist that these should 
previously give their Consent to those two Articles. Tho' I left 
those Preliminaries above two years agoe at New York, in W riting, 
I have not yet understood that your Commrs. ever touched upon 
them, and I cannot but observe with Surprize that you sufler with- 
out a Reply, the Sachim of the Oneydes to tell you and the rest of 
the Commissioners to your Faces, on the 19th of June last, that you 
never before that Day acquamted them, that the Indians they had 
been warring against (which were those bordering upon us far on 
this side of the Mountains,) were in League with any of his Majes- 
tys Colonies. 

After this Government had been at the Charge of a hundred pounds 
in sending Capt. Smith to Albany to expostulate with your Indians, 
and I myself had been at greater Expence in going to New York to 
offer Proposals; Surely if they had been communicated to them, 'tis 
I, not they that have Reason to complain of no Answer being yet 
returned, and I hope upon belter Consideration, you'll say, your In- 
dians have not been slighted by Virginia, and will reflect that' 'tis 
hardly to be expected that I should attend them at Albany upon a 
fruitless Negotiation, untill I have an Answer to the preliminaries 
which I delivered to your Governour; As to the Burden of your In- 
dians Song, that Albany must be the only place for their treating 
with ihe English and their Allies. I must frankly tell you, that your 
allowing (not to say encouraging) them to insist upon that haughly 
Demand, however you may fancy it raises the Reputation of your 
Province, is far from strengthing it, or acting for the Honour of the 
British Nation in general. What ? Are They not to stir one Foot to 
treat with any of his Majestys Governmts., and yet will run a thou- 
sand miles to treat with a petty Nation of Indians ? Believe me. Sir, 
This Treatment lessens the English in the Eye of both Pagan & 
Christian World, for not only our tributary and neighbouring In- 
dians begin to grow more insolent since they perceive- we bear with 



82 MINUTES OF THE 

this presumption of your Indians, but I also found in Discourse not 
long agoe with some French Traders, that they conceived a very 
mean Opinion of those Governments from hearing that We were so 
managed by the five Nations. 

Thus far I have thought fit to let you Know my Sentimerts on the 
Behaviour of your Indians, and what might have been Expected 
from the Persons you employ to confer w' them. It remains that I 
now tell you what the Resolutions of this Government are, Notwith- 
standing I press'd, as tho' I were a Stranger to all that I have now 
remonstrated to you, yet I could not prevail eiiher upon our Council 
^or Assembly to be at the Expence of sending again to Albany to re- 
new the Covenant Chain with your Indians there ; but on the con- 
trary, They have advised that the Militia of all our Frontier Counties 
S'hould be more frequently disciplined, and kept in a Readiness to act 
and to oppose your Indians in case they attempt to march through 
and annoy our Settlements any mort-; So that if your Indian War- 
riours will continue their Insolence they may soon meet with a Rc- 
butr, for I do assure them they will have to encounter 8 or 900 Men 
of our Frontier Counties, without bringing any of the LowLand 
Counties to the Action, and when once the Blow is struck, and We 
are involved in a War with the five Nations, I leave you to consider 
whether his Majesty will allow your province to stand Newter and 
carry on your Trade with them. 

No man need put me in mind of the ill Consequences which a War 
IS like to bring upon the Out Settlements of &11 these Governments. 
I am dreadfully enough possessed with the apprehensions thereof, 
and for that Reason have now taken the pains to state our Case thus 
particularly to you, and do earnestly exhort and intreat you heartily 
to interpose your good offices to put a stop to the dangerous Courses 
of your Indians this wa}'. I, for my part, shall do my utmost to put 
off the evil Viay, having given Express Orders to the Officers of our 
xMilitia to endeavour by all fair means to perswade them to march 
clear of our inhabited Plantations, and to be very cautious that our 
People act not otherwise than upon the Defensive ; But, You are to 
understand that in an affair of this Nature, a Governour of Virginia 
has to steer between Scylla and Charyhdis, either an Indian or a 
Civil War, for the lamous Insurrection in this Colony called Bacon's 
Rebellion, was occasioned purely by the Governour and Council re- 
fusing to let the People go out against the Indians, who at that lime 
annoyed the Frontiers, and it seems as if the same Humour was 
again arising in Virginia, for I have this year received divers Remon- 
strances signed by great Numbers of our Inhabitants, wherein they 
display a multitude of Injuries they daily receive from the Northern 
Indians, and pray that measures may be taken for repelling their 
Insolency. 

I could add a great deal more Reasoning upon the general Interest 
of the English with respect to the Indians on the Back of all his 
Majesty's Plantations on this Continent, and might argue how 



PROVINCIAL COUNCIL. 83 

destructive this Conduct of the ffive Nations is to that Bullancc of 
Power M'hich we Christians ought to preserve among our neighbour- 
ing Heathen ; but I hope I have said enough at this time to induce 
you to exert the Power which I'm satisfied you must have over your 
Indians, and to restrain them from infesting these parts any more. 
So no longer to tire you with this subject, I conclude wt. much 
Respect, 

Sir, your most obedt. humble Servant, 

A. SPOTS WOOD. 
Then the Governour presented to the Board the Draught of an 
Answer to the Presidt. of New York's Letter and Propositions above 
mentioned, in behalf of this Colony, which being read, was with 
some Additions agreed to be a proper Answer on the part of this 
province, and is as as follows : 

* * * * « 

* * * * * 

* * » ♦ » 



At a Council held At Philadelphia, March the 22d, 1719. 

PUESENT : 

The Honourable WILLIAM KEITH, Esqr., Governour. 

Richard Hill, Anthony Palmer, 

William Trent, Jonathan Dickinson, 

Isaac Non is, James Logan, Secretary. 

Samuel Preston, 

Present also David Lloyd, Esqr., Chief Justice at the Govrs. De» 
sire. 

The Governour acquainted the Board of his Design to visit the 
Counties of New Castle, Kent &: Sussex upon Delaware, and that 
He had called the Council together, at this time, to know if any 
thing occurred to any of the Members of the Board, that might be 
necessary to be done before his Departure from hence upon his in- 
tended Journey. 

The Governour also desired the Opinion of the Board, v.'hether 
seeing upon the late Repeal of the Laws for Constituting the Courts 
of Quarter Sessions, Common Pleas, and of the Supreme or provin- 
cial Court, it was judged necessary by this Board that new Commis- 
sions should be issued for holding the said Courts of Quarter Sessions 
ds Common Pleas, and that the time when the said Supreme or pro- 
vincial Court was appointed to be held by the Law lately repealed 
was now at hand, it might be necessary to issue new Commissions 
to the Justices of the said Court? Which being fully considered and 
debated, it was the Opinion of the Board, that the Governour should 



84 MLNUTES OF THE 

issue new Commissions to the Justices of the said Supreme or pro- 
vincial Court, authorizing and requiring them to hold a Supreme CouJt 
of Law, on the same Days on which the said Court way appointed 
to be held by the Law lately repealed, And the Chief Justice, at the 
Governours desire, updertook to prepare a proper Form of such 
Commissions. Then the Council was adjd. 



At a Council held at Philadelphia, June the 8th, 1720. 

PRESENT : 

The Honourable WILLIAM KEITH, Esqr., Governour. 

Richard Hill, Jonathan Diekinson, 

William Trent, Colonel John ffrench, 

Isaac Norris, James Logan, Secretary. 
Samuel Preston, 

The Governour laid before the Board a Petition from several per- 
sons. Inhabitants on the South Side of and adjacent to the River 
Schuylkill, to the Assembly of this Province, which Petition was re- 
ferred by the Assembly to the Consideration of the Governour & 
this Board, and complains " That the Petitioners having been for- 
merly and are this present year rated by the Commissioners and 
Assessors of the Count)'' of Philadelphia, and that now a new De- 
mand is made upon them by the Officers appointed for collecting the 
County Rates and Levies within the County of Chester, and praying 
that a Division Line may be run between the said Counties, and that 
the Petitioners may be answerable for County Levies only in the 
County of Philadelphia as formerly," the said Petition was referred 
to James Logan, Esqr., Secretary, and one of the Commissioners of 
Property, to inquire into the Situation and Case of the Petitioners, 
and to make a Report thereof unto the Board as soon as convenient- 
ly may be. A Resolution of the House of Representatives, dated 
the 4th day of May last, was laid before the Board, and read in these 
words. 

May 4, 1720. 

Resolved, that considering the present Circumstances of this pro- 
vince, this House is of opinion, that for the present the Governor be 
desired to open and hold a Court of Equity for this Province, with 
the assistance of such of his Council as he shall think fit, except 
such as have heard the same Cause in any inferiour Court. 
A true Copy, Signed by Order, 

MAURICE LISLIE, Ck. Synod. 

And some Debates arising upon the subject matter of the said Re- 
solution, being of great Moment and Importance to the Inhabitants of 
this Colony, it was referred to further Consideration. 



PROVINCIAL COUNCIL. 85 

Then was read a Rcprerieiitalion l)y the Commissioners and As- 
sessors of tlie County of Chester to tlie Justices of the said Countv, 
together with an Address of the said Justices to the honohle the Go- 
vernour, submitting the Subject matter of the said Representation 
wholly to the Governour's Care and Conduct. TLe l^cpresentation 
sets forth, that the Commissioners and Assessors of the County of 
Chester, being by Lav/ impowcrcd to lay Assessments upon the In- 
habitants of the said County, for defraying the incumbent Charges 
thereof; but that a considerable Number of Persons, vvhose names 
are thereunto annexed, called the adjacent Inhabitants of the Town- 
ships of New Garden, who used to be rated by the Commis'-ioners & 
Assessors of the said County, and paid their respective proportions 
accordingly, do now refuse to pay the same, because of their bcino- 
taxed in New Castle county, and threatened to be distrained upon by 
reason of the Refusal to pay the County Levies to the officers ap- 
pointed to collect the same within the said County of New Castle; 
and prays that Care may be taken for the Relief of the said Inhabi- 
tants from the Incursions like to be made upon them by the County 
of New Castlcy in manner aforesaid. 

There was also read a Petition of the Shop Keepers and others, 
Inhabitants of the City of Philadelphia, setting forth the Loss they 
sustain through the practice of the present Master of the Vendue, in 
selling and retailing at public Vendue Shop Goods to the value of 
one Shilling and under, to the manifest prejudice of the Petitioners, 
and praying Relief therein from the Govr. The Consideration of 
which Petition, because of the Governour's present Indisposition, was 
deferred till next meetinu of the Council. 



At a Council held at Philadelphia, July the 12th, 1720. 

presea't: 

The Honourable VvILLIAM KEITH, Esqr., Governour. 

Richard Hill, Jonathan Dickinson, 

Isaac Norris, James Logan, Secretary. 

Samuel Preston, 

James Logan, Secretary, reported to the Board, That having late- 
ly acquainted the Governour that he had occasion to go up towards 
the farther End of the Great Valley, on the Road to Conestogoe, the 
(xovernour had desired him not to fail to proceed to Sasquehannah, 
and their discourse the Indians concerning their late message to him, 
excusing their not coming to Town as had been proposed by Reason 
of some Trouble they were under, through the Loss of some of their 
men slain by the Southern Indians, and thereupon desiring the Go- 
vernour to come up to them; That accordingly he went, and finding 

8 



86 MINUTES OF THE 

the Indians desirous to speak with him, he appoinied the S/fh of last 
month, That the Chiefs of the Mingoes or Conestogoe Indians, the 
Sachim orChief of the Shavvanese, the Chief of the Ganawese, witli 
several of tlieir People, and some of the DeUiwares, met him on the 
said Day at Joiin Cartlidges, and being all sale, Peter Bizaillon and 
John Cartlidgc, Interpreters. James Logan first spoke to the Indians, 
telling them. That as they had been lung expected at Philadelphia, 
in pursuance of their own Messages for that purpose, but instead of 
coming had lately sent to the Governour, dc-iring for some Reasons 
that he wou'd come up to ihcm; He, their (»ld Friend, with whom 
they had been acquainted in their Treaties for twenty years past, 
being now come upon Business into the-e parts was willing to hear 
from themselves, not only how it was with them, but the Occasion 
also of their delaying their Journey to Philadelphia so long, and at 
length sending the said Message to the Governour. They hereupon 
sate silent for some time without appearing ready to speak to any 
thing, and making no Return, the Secretary press'd them to answer 
him, telling them that he ask'd these Questions in behalf of the Go- 
vernour and Government, that they themselves had appeared desi- 
rous to speak to him, and that as they now had an Opp'>rtunity they 
ought to proceed and speak their minds freely. To which at Length 
they answered, that there had been lately killed by the Southern In- 
dians twelve men, ten of the Mingoes or five Nations & two Shawa- 
nese, about one hundred and sixty miles from that place, which 
was the Occasion of their sending thit message. James Logan ask'd 
them, whether these two Shawancse had been abroad hunting. They 
answered No! They had gone out to War. He then demanded the 
Reason why they would offer to go to War, after their Solemn Pro- 
mises to our Government to the contrary. The Chief of the Sha- 
nawese replied that a Dispute arising among some of their young 
men. Who was the best man, to end it they resolved to make the 
Trval by going out to War, that they could not be restrained, but 
took the opportunity of accompanying some of the five Nations that 
were going out and took their Road that way. 

The Secretary told them he should have a great deal to say to 
them on these Heads, and that the Day being now far advanced he 
must desire them to meet him in the same place in the morning, and 
then treating them with some Drink they withdrew. 

Next morning the same Persons attended, bringing some Bundles 
of Skins with them. From whence it being conjectured that the In- 
dians designed to begin a Discourse. All being seated, after some time 
spent in Silence, the Mingoes or Conestogoe Indians began, n Gana- 
wese Indian, who called him Captn. Smith, and is said to speak all 
the several Languages, viz : his own or the Ganawese, the Mingoe, 
the Shanawese & Delaware, to perfection, being appointed Interpre- 
ter into the Delaware Tongue, and Peter Pjizaillon & John Cartlidge 
interpreting that into English. They spoke as follows, viz : 

That last vear Colonel French came to them on a Message from 



PROVINCIAL COUNCIL. 57 

the Governour to inquire into ihcir Health, and how it was with 
them, their Children and Grand Children. 

'J'hat they were not then ready to give an Answer to all that He 
said to them, but that now they would speak freely from the bottom 
of their Hearts, and their Friend might depend on not having words 
Only but their truest inward Sentiments without Reserve; And then 
they laid down a Bundle of undrtst Deer Skins. 

That Colonel French and those with him told them from the Go- 
vernour, that the message the Governour sent them and the Advice 
he gave them was from his Heart and for their Good, and they 
would as freely speak from their Hearts. The Governour advised 
them to go out no more to War, nor to joyn with any of the five Na- 
tions or nthers, that went out for that purpose, but to live at Peace 
with all People, and if any Prisoners were brought to their Towns, 
they should not suffer them to be burnt or tortured ; That tho' some 
of their People were Killed once or again, yet they should not go out 
but bear it, but the third time they might all go out as one man to- 
gether ; That this they thought was somewhat too hard upon them, 
if they must be confined as Prisoners at home, and could not go to 
meet their Enimics that came against ihem. 

That when Governour Penn first held Councils with them, he 
promised them so much Love and Friendship that he would not call 
them Brothers, because Brothers might differ, nor Children because 
these might olTend and require Correction, but he would reckon them 
as one Body, one Blood, one Heart and one Head ; That they al- 
ways remembered this, and should on their parts act accordingly ; 
That few of the old men who were at those Councils were living; 
These were removed, and those who were then very young are now 
grown up to succeed, but they transmitted it to their Children, and 
they and all theirs should remember it forever; That they regarded 
not. Reports or what was said abroad, their Head was at Philadel- 
phia, and they were one with him, on him they depended that they 
should Kn.iw every thing' that concerned them. 

The Ganawese, in behalf nf their People say. They are glad that 
they never hear any thing from the Gi.vrmt., at Philadelphia, but 
good Advice and what is frr their Advantage; That their present 
Chief was once at Council with William Penn before they removed 
into this province, and that since they came into it, they have al- 
ways lived quiet and in Peace, which they acknowledge, and are 
thankful f u- it ; That the Advice that is sent them is always 
so much for their good that they cannot but gladly receive it. 
When the Sun sets they sleep in Peace and in Peace they rise 
with him, and so continue while he cmtinues his course, and 
think themselves hajipy in their Friendship, which they shall take 
Care to have continued from Generation to Generation. And that as 
it shall thus forever continue on their side ; So they desire the same 
may continue on the Governours part, and that ifany Reports should 
be heard concerning them. They desire it may not be believed to 
their Disadvantage, for they will still be true and the same they at 
first professed themselves, and then they lay down a Bundle of Deer 



83 MINUTES OF THE 

Skins. The Conestogoes say. That William Penn made a League 
with them to last for throe or four Generations ; That he is now dead, 
and most of their ancients arc also dead, but the League still re- 
mains, and they now take this Opportunity to renew and strengthen 
it with their ffriend, who has always represented William Penn to 
them since he left them ; One Generation may die, and another may 
die, but the League of Friendship continues strong and shall foiever 
continue so on their part. And this is not said on behalf of them- 
selves, the Mingocs only, but of all the Indians on the River, And 
they yive another Bundle of Deer Skins. Captain Civility throws 
down a small Bundle of ffurrs and says, that ihey all joyn and 
send that as a present to the Governour to make him a Beaver Hatt. 
They say in behalf of the Ganawese, that they have no Writing to 
shew their League of Friendship as the others have, and therefore 
desire they may be favoured with one lest if they should trangress by 
Reason of Rum, which is brought to them in too large Quantities, 
they may be cast off and forgotten that ever they were in firiendship 
with us. 

The Indians being met again after some Refreshments, the Secre- 
tary spoke to them as follows : 

It mu?t be a great Satisfaction to all honest and good men, to find 
that the measures that great man, Wm. Penn, took to establish a firm 
Friendship with you has had such excellent Success. Your Prede- 
cessors and you ahvays found him sincere in what he professed. He 
always ordered all those in power during his Absence to shew you 
all the like Friendship and affection. Every Governour that came 
has been the same to you, and the present Governour, Colonel Keith, 
shewed the same Disposition immediately upon his arrival, by hast- 
nin"" up to you with his Council and many of his Friends as soon as 
he heard you were m Trouble. 

You on your parts have been faithful and true to us, v.hatever Re- 
ports might be spread, yet the Chain v.as- still preserved strong and 
Ijricrht. You never violated it. We have lived in perfect Peace and 
Unity above any other Government in America, And you renewing 
the Chain at this time upon the Decease of your great Friend, with 
us who remain alive, is so aficctionate and kind that I shall not fail 
to represent it duly to the Governour and your good Friends in Phi- 
ladelphia. This Chain has been made near forty years agoe ; It is 
at this time strong and bright as ever, and I hr.pe will continue so 
between our Children and your Children, and their Children's Chil- 
dren to all Generations, while the water flows or the sun shines in 
the Heavens; And may the great Spirit who rules the Heavens and 
the Earth, and who made and supported us all, who is a ffriend to 
all good men who love Justice and Peace, continue the same Bles- 
sing upon it forever. 

But my Friends and Brothers, as we are obliged to take Care of 
each other, and as the English have opportunities of seeing farther 



PROVINCIAL Col'NCIL. 89 

than you, I find myself obliged in behalf of our Governour and Go- 
vernment, to offer you some Advice that may be of great Importance 
to you, and which at this time is absolutely necessary. 

You acquainted me yesterday with a Loss that you had sustained, 
viz: that twelve men, ten of the five Nations and two Shavvanese, 
had been lately cut off by the Southern Indians not two hundred 
miles from this place, which grieves me exceedingly. 

I am scarcely willing to mention the Cause of it lest I should 
trouble you, but I must do it far your good ; I should not be your 
true Friend should I forbear i(. 

You Know then, my Brothers, that the Cause is, that some of your 
young men have unadvisedly gone out to War in Company with 
others of the five Nations against these Southern Indians. Young 
men love to go sometimes to War to shew their manhood, but they 
have unhappily gone against Indians that are in friendship with the 
English. You know, that asjf the Five Nations some are called Isa- 
wandowaes, some Cayoogoes, some Onondogees, some Oneyookes, 
and some Connyingues, yet they are all one People ; So the English, 
tho' they have different Governments, and are divided into New 
England, New York, New Jersey, Fensilvania, MaryLand, Virginiq, 
and Carolina, yet they are Ail under one Great King who has twen- 
ty times as many Subjects as all these, and has in one City as many 
Subjects as all the Indians that we know in North America. To him 
We are all Subject and are all governed by the same Laws ; There- 
fore, those Indians who are in League with one Government ate in 
League with all; Your Ftiendship with us recommends you to the 
Friendship of all other English Governments, and their Friends are 
our Friends. You must ni)t, thereflbre, hunt or annoy any of the 
English or any of their Friends whatsoever. 

Those Southern Indians, especially the Tootelese, formerly made 
Friendship with you, and I believe it was they who lately sent you 
nine Belts of Wampum, to continue the League ; They desired 
Peace, yet the five Nations, and some of your rash young men have 
set upon them ; pray remember, They are men as well as you, con- 
sider therefore, I request you, what you would think of yourselves 
should you suffer these or any otbcr People to come year after year 
and cut off your Towns, your Wives & Children, and those that es- 
cape should sit still and not go out against them, You would not then 
deserve to be accounted men ; and as they, you find are men, it is 
no wonder if they come out to meet these young fellows, and endea- 
vour to destroy those whose Business it is to destroy them and their 
Families. 

I must further, your friend, lay before you the Consequence of 
your suffering any of your young men to join with those of the five 
Nations. Tiiey come through your Towns and bring back their 
prisoners through your Settlements, Thus they open a clear path 

vol. III. 



yo MINUTES OF THE 

from these Southern Indians to your Towns, and riiey who have been 
wrong may follow that open path, and first come directly as the path 
leads to you. Thus you who have done but little, and by the Insti- 
gation and Advice of others may be the first that arc fallen upon, 
while those of the five Nations are safe at home at a great Distance 
with their Wives and Children, and you may be the only sufferers. 
They have hitherto come out to meet their Enemies who were 
going to attack them, and like men they fight them ; but as I am 
vour Frierd, I must further inform you that these People would come 
quite up to your Towns to do the same to you that they have suffer- 
ed, but your being settled among the English has hitherto preserved 
you, for the Governours of Virginia and Carolina can no longer hinder 
them fi om defending themselves ; They desired Peace, and would 
live in Peace if it might be granted them. 

1 must further inform you, as your Friend, that this whole Busi- 
ness of making War in the manner You do, is now owing to those 
who desire ni/thing more than to see all the Indians cut off, as 
well to the Northward as the Southward, that is the French of Ca- 
nada, for they would have the five Nations destroy the Southern 
Indians, and the S;iuthern Indians destroy you and the five Nations, 
the Destruction of all being their Desire. The Governour told you, 
by Colo. French, thiit they were your Enemies who put you upon 
War, and they are your truest ffrds., who would preserve you in 
Peace, Hearken to the Advice of your Friends and you wi 1 be pre- 
served. You see how your numbers yearly lessen ; I have known 
above three score men belong to this Town, and now I see not five 
of the old men remaining. 

What the Governour has said to you by himself, and by Colonel 
French, and what I now say to you is for your own advantage, and 
if you are your own Friends you will pursue the Advice that is 
given you. If any of the five Nations come this way in their going 
out to War, and call on any of you to accompany tliem, you must 
inibrm them as you are in League with us, and are as one People, 
you cannot break your Promises, and it cannot but be pleasing to 
them to see you live in such ffriendship with us. I have said enough 
on these Heads, and you I hope will lay it up in your Hearts and duly 
observe it ; Let it sink ifito your minds, fur it is of great weight. 

The Ganawese have behaved themselves well since they came 
amongst us, and they shall have what they desire. Your People of 
Conestogoe, about twenty years agoe, brought the Shawanese with 
them to Philadelphia to see and treat with Governour Penn, and then 
promised the Governour that they v\ouId answer for the Shawanese 
ihat they should live peaceably and in ffriendship with us, but We 
find their Ears are thick, they do not hear what we say to them, nor 
reijard our Advice. 

The Chief of the Shanawese answered to this with a deep concern, 
that this was occasioned by the Yt»ung men who lived under no 
Oovernnient; That when their King who was then living, Opessah, 



PROVINCIAL COUNCIL. 91 

took llio Government upon him, but the People differed with him ; 
he left them, they had then no Chief, therefore some of them appUed 
to him to take that Charge upon him, but that he had only the Name 
without any authority, and could do nothing. He counselled them, 
but they would not obey, therefore he cannot answer for them, and 
Divers that were present, both English &; Indians, confirmed the 
Truth of this. 

The Secretary hereupon admonished him and the rest to take a 
further Care, that what had been said should be pressed upon the 
young People and duly observed, And then calling for Liquor and 
drinking with them dismissed them. 

But the Indians, before they would depart earnestly pressed, that 
an account of this Treaty should with all possible Speed be dispatch- 
ed to the Governours to the Southward, and to their Indians, that , 
further mischief might be prevented, For they were apprehensive 
the Southern Indians might come out to meet the five Nations, and 
then they, as had been said to them lying in the Road might be the 
Sufferers, but they truly desired Peace, and were always against 
molestmg any Indians that were under the Protection or lived in 
Friendship with the English. 

The Secretary then proposed to them that they should send some 
of their People with Belts of Wampum to the Governour of Virginia, 
to assure him of their Resolution to live in Peace, and to desire him 
to acquaint all his Indians with the same. They readily agreed to 
send the Belts without delay, and promised the following week to 
bring them to Philadelphia, but they seemed apprehensive of Danger 
to their People in going to Virginia, where they were all Strangers, 
unless the Governour would send some English in Company with 
them to protect them. 

After this Conference was ended. Civility desired to speak with the 
Secretary in private, and an opportunity being given. He acquainted 
the Secretary that some of the tlive Nations, especially the Cayoo- 
goes, had at divers times expressed a Dissatisfaction at the large 
Settlements made by the English on Sasquehannah, and that they 
seemed to claim a Property or Right to those Lands. The Secre- 
tary answered, that He (viz. Civility) and all the Indians were 
sensible of the Contrary, and that the flive Nations hud long since 
made over all their Right to Sasquehannah to the Govmt. of New 
York, and that Govr. Penn had purchased that Right with which 
they had been fully acquainted. Civility acknowledged the Truth 
of this, but proceeded to say he thought it his Duty to inform us of 
it, that we might the better prevent all misunderstanding. 

The Secretary having made an End of his Report, the Govr. ob- 
served, that from the last particular yr of there was Ground to 
apprehend that the ffive Nations, especially the Cayoogoes, did en- 
tertain some secret G rudges against ihe advancing ot" our Settlements 
upoQ Susquehanna River, and that it was very much to Le suspected 



92 ' MINUTES OF THE 

that the ffive Nations were spirited up by the French agents from 
Canada or Misisippi, to make these new and groundless Claims upon 
us whom they believed to be a mild defenceless People, and there- 
fore liable to be with less Hazard and more easily insulted than any 
of the neighbouring Colonies ; That though the Govr. was not under 
any immediate apprehension of Danger from the Indians of the ffive 
Nations, jet our present Security seemed wholly to depend upon the 
Strength and Authority of New York, and not upon the Peaceable 
Disposition or Faith of these Barbarian--; ; That if the French (as it 
was but too probable at this Juncture,) should pursue their usual Po- 
licy in not only debauching the Indians every where from the English 
Interest, but also to provoke and encourage them to make War upon 
one another, and thereby to embroil all the English Settlements upon 
this Continent, every Colony would in that Case find themselves 
sufficiently Employed in their own proper Defence. And these things 
had made such a deep Impression upon the Governours mind, that 
He could not but think the Public Safety, as well as his Honour and 
Character, to be particularly concerned in making such timely Pro- 
vision for the Defence of this Colony, as the Nature of the Constitu- 
tion and the good Inclinations of the People would pmit, ''unto 
which End the Govr. believed that a voLuntary Militia might be 
raised, and put under such good Regulations by'anprdinance as could 
give no offence to any, but be of a general Advantage and Security 
to the Trade and People of this province. 

The members present being all Quakers, some of them desired to 
be excused from giving their Sentiments upon a Subject of that Na- 
ture, but all seemed to acquiesce in leaving that matter wholly to the 
Governours Prudence and good Conduct. The Secretary was in the 
mean time directed to examinine whether there was any Ground for 
the ffive Nations to claim a Right to any Lands upon Sasquehannah; 
And also it was mov'd and agreed upon, that the Govr. should write 
to the President of New York, representing the ill Treatment our 
People lately received from those of the ffive Nations in their last 
Return from the Southward, and the ill Consequences which may 
possibly ensue from their opening a path to War through our Settle- 
ment upon Sasquehannah. 

Then the Council was adjourned to Tuesday next, the 19th in- 
stant, at three in the afternoon. 



At a Council held at Philadelphia, July the 19th, 1720. 

PRESENT : 

The Honourable WILLIAM KEITH, Esqr., Governour. 
Richard Hill, Samuel Preston, 

Isaac Norris, James Logan, Secretary. 

The Governour presented the Draught of a Letter to the President 



PROVINCIAL COUNCIL. 93 

ofN'cw York, mentioned in the last Minute of Council, which with 
very Httle alteration was agreed to, and is as iullows : 

PiiiLADELi'iiiA, July 19th, 1720, 
Sir, 

Mr. Logan, Secretary of this Province, having about three weeks 
agoe held a Conference with our Indians, at Conestogoe, upon his 
Report thereof to the Council, it was thought proper that I should 
acquaint you, by LetJer, of some things which seems to be of a ge- 
neral Concern, but more mnmediately affect the Tranquility of this 
as well as the Government under your Direction. 

The obliging free manner with which you have been pleased to 
honour me in our former Correspondence upon the same subject, en- 
courages me now to cliuse this familiar way of representing our 
Thoughts, rather than to trouble you with irksome Complaints and 
formal Memorial. 

The prudent apprehensions "which we ought to have of the extra- 
vagant Growth of the ffrench Settlements upon the Back of these Co- 
lonics, and the Inconveniences which must follow from the Success 
of their Jesuits in debauching many of your five Indian Nations 
from the English to a ffrench Interest, are very fully and clearly set 
forth in your Letter to me of the 20th of December last, and I am of 
opinion, that the Presents allowed by the Crown, and your diligent 
application in your frequent Treaties with the fiive Nations, have 
been of great Use to prevent the Consequences which otherways 
might have been expected from the Artifices of such powerful Ene- 
mies and most indefatigable Rivals. 

Nevertheless, we must not think ourselves absolulely secure by a 
constant Repetition of the same means, but rather keep a watchful 
Eye upon every new motion of so subtile an Adversary, And there- 
fore I would humbly entreat you to recollect how that upon the former 
Peace with the ffrench, the five Nations immediately desisted from 
going out to War against the Illenese, the Flurons, and other Indians 
in League with the French, So that their young men or VVarriours 
^^ ere obliged to go a great way off towards the South West against 
Indians settled upon' or near to the lower Branches of Misisippi, but 
of late They seem to have relinquished that Path, and notwithstand- 
ing of their many Engagements to the Contrary, to be found Uj)0u 
the minutes of your Treaties at Albany, yet their Course and Pro- 
jects of War is now generally bent against the Indians who are in 
Amity with Virginia and Carolina. 

If then, neither the authority of your Government, the Conte- 
naace of his Majestys regular fforces, nor the Weight of his royal 
Bounty and large presents can divert these unruly heathens (viz. the 
five Nations) from insultino- the English Colonies and destroying 
their Allies. Can we suppose that any thing else but ffrench Coun- 
cils could have formed an artifice like this, to set all the Indians in 



94 MINUTES OF THE 

tlVicodship witli ihe English at War with one another, in such a man- 
ner as cannot fail even to imbroilthe English Colonies themselves 1 
For the Soulhtrn Indians being at last provoked beyond mea-ure, 
came out this Spring to meet the mighty Warrlours of your five 
Nations, and pursued them with Slaughter almost as far as Patow- 
meek River, from whence they returned from the path they have 
jH-actiscd for some yearst past to Sasquehnnnah and our Settlements 
tliere. So that it seems as if they Intended to make us a Barrier by 
drawing their provok'd Enemies first upon us before they can come 
at them, which is the more likely to prove the Ctaisequences of these 
proceedings, because tho' our Indians have repeatedly engaged to ms 
that they would go no more out to War, yet as often as those of the 
five Nations come that way, they Constantly press some of our In- 
dian young men to accompany in their Expedition, and when the 
others shew'd a Keluctancy (rom the obligations they lie under to the 
contrary, they haughtily ask them to whom tliey belong, whether to 
them or to us '! to w liich our People being awed by them, dare make 
no other Answer than that they belong to them, and thus they are 
forced away. Thus four of ours accompanied their last party, and 
two of the tour were Killed, the Consequ'^nce of which I say must 
be, that whenever those Southern Indians think fit to proceed so far 
by following the path their Enemies have trode out to them, they 
will be first led to our Settlements and there probably the Mischief 
must begin. Our Indians dread to offend them, and are cautious of 
even mentioning them but with Respect, unless it be at times of their 
almost flVeedom with us as their Friends. 

As often as tliey com.e they are treated with the greatest Huma- 
nity, both by our Indians and Christians, and we rarely have had 
occasion to complain of their Deportment untill of late, and espe- 
cially this last time, when without any provocation they shot divers 
of our People's Creatures for their Diversion osily without touching 
them for flood, and robbed one Patcrson, a Trader's Store, before 
his Face, (as ke complains) of some pounds value, without pretend- 
ing to make any manr.er of Satisfaction ; And last of all, as if they 
had firmly purposed openly to insult and affront this Government 
by any means whatsoever. Some of the Nation called Cayoogoes 
had the Boldness to assert, that all the Lands upon Sasquehannah 
River belonged to them, and that I he English had no Right to settle 
there, intimating as if they (the (Cayoogoes) speedily intended to 
come down with their People to Philadelphia, in order to demand 
Possession of those Lands; An insolent way of speaking, which I am 
told they have but lately assumed, since the Death of two of their 
ancient men who kept them in some awe, and ever shewed a faithful 
Regard to the English Interest. 

Now Sir, Though we are under no apprehensions of their commit- 
ting an act which might terminate in their own Destruction, yet we 
thought it proper to advise you of their impertinent and foolish Con- 
duct, that they may be reprimanded by your authority in such a 
manner as you shall see fit. 



PROVINCIAL COUNCIL. 95 

And that you may plainly sec upon how groundless a Pj-clcnce it 
is that they want to quarrel with us, I beg leave to give you a short 
Informacon how mitters stand between the five Nations and the Pro- 
prietor of this Colony. 

When Governour Penn first settled this Country, he made it his 
Chief Care to cultivate a strict Alliance and Friendship with all the 
Indians, and condescended so far as to purchase his Lands from them 
but when he came to treat with the Indians settled upon the River 
Sasquehannah, finding that they accounted themselves a Branch of 
the Mingoes or flive Nations, he prevailed with Colonel Donrran,then 
Governour of New York, to treat with those Nations in his behalf 
and to purchase from them all their Claim of Right to the Lands on 
both sides of Sasquehannah, which Colonel Dongan did accordino-ly, 
and for a Viiluablc consideration paid in Sterling money, Colonel 
Dongan, by good Deeds transferr'd or convey'd his said Rinht pur- 
chased from the five Nations to Governour Penn & his Heirs, in due 
Form of Law. 

Upon Governour Penn's last arrival here, about twenty years a^oe, 
he held a Treaty with the Mingoes or Conestogoe Indians settled on 
Sasquehannah, and their Chiefs, did then not only acknowledcfe the 
Sale of those Lands made to Colonel Dangan as above, but as much 
as in them lay did also renew and confirm the same to Governour 
Penn. Lastly, About nine or ten years agoe, a considerable Number 
of the five Nations, not less than fifty, (as it was judged by those 
present) came to Conestogoe, and meeting there with Colonel Goo- 
kin, late Governour of this Province, attended by several members 
of his Council, Colonel Dongan's Purchase was mentioned to them, 
and they not only appca-ed to be fully satisfied therewith, but pro- 
ceeded in a formal manner, without any Hesitation, to confirm all 
our former Treaties of ifriendship with them. 

From all which it is evident. that neither the whole five Nations 
together, nor any one of them separately, have the least appearance 
of a just Right to any of these Lapds they would now claim ; So 
that i{ they do not think fit, either in their Answer to you from Al- 
bany, or by messenger of their own to Philadelphia, (not exceeding- 
the usual Number of a peaceable Embassie,) to make some suitable 
Acknowledgments to this Government for the above mentioned inso- 
lent Expressions & Behaviour of the Cayongoes We shall conclude 
that they have been strongly instigated thereto, and that it must 
proceed from Causes which tend to the prejudice of the British Inte- 
rest in general, and therefore equally concern all his Majestvs 
Subjects upon this Main. 

But from the Influence which the Government of New York cer- 
tainly has, or at least ought to have upon these five Nations, their 
good Allies, it is to be hoped they will listen to your friendly Advice 
before it be too late; And if their young men must go to War," let them 
only be jierswaded to change the path and present Course of their 
Warlike Enterprizes, so as not to molest the English Settlements on 



96 MINUTES OF THE 

this Continent or any of their Indian Friends. I am for my own 
j)art extremely anxious to preserve and continue the good under- 
standing that has hitherto subsisted between this Colony and the five 
Nations, but as we never had nor desire to have any Intercourse 
with them by Trade, I am at a Loss how to represent my Thoughts 
to them any otherways than by the Favour and neighbourly assis- 
tance of your Government, which I earnestly beg leave you would 
please to interpose so far in our behalf upon this Occasion, as to pro- 
cure some distinct Answer from their Sachims, relating to the above 
mentioned particulars of their People'sConduct amongst our Settlemts. 

Now Sir, I can make no other Apology for all this Trouble given 
to yourself, but that you shall ever find me ready on all Occasions 
to execute any Comands relating to your Service, being with a most 
faithful and sincere Respect. 

Sir, Your most humble &, most obedt. Servt, 

W. KEITH. 

Then an engrossed Charter for erecting the Town of Bristol into 
a Burrough, was read> and with some Amendmts. agreed to by the 
Board. 

The Petion of the Shopkeepers of Philadelphia concerning the 
Vendue, which at a Council held the 8th Day of June last, was re- 
ferred to another meeting, was again read, And it appearing that the 
Practice of other Colonies was the only thing asserted, upon which 
the Prayer of the sd. Petition did wholly depend, the Petitioners are 
therefore ordered to make a more particular Inquiry, so as that they 
may be able to inform this Board what the said Practice is, And then 
the Board will proceed to a further Consideration of the matter, And 
the Clerk is ordered to give the Petitioners a Copy of this Minute for 
their Direction herein. 

The Secretary acquainted the Board, that some Indians were ar- 
rived in Town from Conestogoe, to wait upon the Governour & 
Council ; Whereupon, the Council was adjourned untill to morrow- 
mornino' at nine o'clock, in order to receive the Indians. 



At a Council held at Philadelphia, July the 20th, 1720. 

PRESENT : 

The Honourable WILLIAM KEITH, Esqr., Governour. 
Richard Hill, Jonathan Dickinson, 

Isaac Norris, James Logan, Secretary. 

PEESEA-T ALSO : 

Conestogoe Indians: Tagoleless or Civility, Oyanowhachso, Sohais 
Connedechto's Son, Tayuchoinjch. 

Ganawese : Ousewayteichks or Capt. vSmith, Sahpcchtah, Mee- 
meeivoonnook, Winjock's Son, George Waapessum, & John Prince. 

Shawanese : Kenneope. 

Edward Farmer, Sworn Interpreter. 

The Secretary acquainted the Board, that the Indians present 



PROVINCIAL COUNCIL. 97 

were sent by their Chiefs from Conestogoe, in pursuance of the Re- 
solution they had taken at the Conference he had lately held with 
them there, of sending a message to (he Governour of Virginia. 

The Interpreter, by the Governour's order, told the Indians that 
the Governour was glad to see them and to hear of the Welfare of 
their People. 

The Indians delivered two Bells of Wampum with a written Pa- 
per, which they say contains the v/hole of what they are ordered to 
deliver to the Governour and Council at this time. 

The said Paper was read, and is as follows. 
July the 16th, 1720. 

To our Friends & Brothers, the Governour & James Logan, at 
Philada. These as to what hath been proposed by our Friend & 
Brother James Logan when here, of our sending to the Southward 
Governments to confirm a Peace ; We are very willing to have and 
keep Peace, and therefore send a Belt of Wampum to confirm it, 
but we must leave it wholly to you to perfect the same. As to any 
of our People on this River going to the Southern parts about the 
same, it will doubtless occasion the Death of us, while the five Na- 
tions still follow the Practice of going thither to War, of whom at 
this time there is great numbers going that way; therefore, we plainly 
tell you, We know not what measures to take, but leave all to you, 
resolving to follow your Council, but sure we are to suffer for what 
we have already yeilded to do in the affair aforesaid as soon as the 
Sinnekaes come to know thereof, if not protected by you, for They 
will be enraged against us when they know that we are willing to be 
at Peace with those Nations, that they resolve to maintain Wai* 
against, and will certainly cut us off as well as the back Christian 
Inhabitants ; for they, we are sure, do not bear true afTection to your 
Government, and Some of them are already very bold and impudent 
to the Christian Inhabitants and us also for their sakes, whom we are 
unwilling should have any Damage done by them if we can prevent 
U, and in real good will do certify the Government that be believe 
hey will shortly have some Trouble wiih them if not timely preven- 
ted. Our Captain Tagoteless, and some others of our People comes 
with our Words to you, and this present Letter taken by his Inter- 
nretation, by our good Friend John Carllidge, whom we could have 
iocn glad if he would have como himself and given you an account 
of matters, We are your true Friend & Brothers at Conestogoe. 

Then the Council was adjourned, and the Indians ordered to attend 
at four o'clock in the afternoon. 



EODEM DIE POST MERIDIEM. 
Present, the same as before. 

^ The Council being met, the Indians were called in, to whom the 
Governour spoke as follows, to viz: 

9 



98 MINUTES OF THE 

That nothing can be more acceptable to thisGovernment than that the 
Indians should live in Peace with all the Nations round them, but above 
all with those who are in fTriendship with the English Governmts. 
The Govr. had often seriously exhorted them to it, and they had en- 
gaged to go out no more to War, with which Engagements he had 
acquainted the Governours tw the Southward, and more especially 
the Governour of Virginia, by Capt. Smith, who came from that 
Governour to the Northward, on purpose to engage the northern In- 
dians to live in Peace with all his People and Friends. And the said 
Gentleman, Capt. Smith, they may well remember, was present with 
the Govr. at his first Conference with them at Conestogoe soon after 
liis arrival, when they promised in that Treaty to go out to War no 
more. 

That it was a very great Satisfaction to all Parties to find them 
thus engage themselves, tho' what was proposed to them was wholly 
for. their own Benefit and Advantage. Capm. Smith carried this 
News with Gladness, and the Governour of Virginia and his People 
received it with Joy, every body believing they might surely depend 
on these assurances. 

Yet notwithstanding all these, Some of their Young men had been 
unhappily prevailed on to go out against the same People. The Go- 
vernour is very well pleased to hear bj the Secretarys Report of 
what they lately said on that head at Conestogoe, that they condemn 
these proceedings, and excused themselves by the Influence the five 
Nations have over their People, and that the young men carried on 
by the Heat of Blood to martial Exploits, and to shew their manhood 
are difficuUty restrained by the more sage advice of their.Elders. But 
'tis now hoped these young men, some of them having forfeited their 
Lives by their Disobedience to their Elders, are also as fully resol- 
ved most strictly to observe these present Engagements ; And tho' 
the Governour really lies under some Disadvantages in the Repre- 
sentation he is now to make to the Governours of Virginia and Ca- 
rolina, by reason of their having failed in tbeir former, yet he will 
without delay acquaint these Governours with their renewed Reso- 
lutions, and give them all possible assurances from our Indians, that 
nothing in their power shall divert them from a strict Observance of 
what they have promised for the future, and as a binding proof of it 
according to the Custom of their Nations, shall convey these two 
Belts of Wampum as firm and inviolable Seals to all that the)-^ have 
said. These the Governuur will convey to the Governour ol Virginia 
with Letters in their Favour who sent them,and a particular account 
of their Country & Ilabitalions, with all which the Governour of Vir- 
ginia will undoubtedly take Care to acquaint all his Indians and Peo- 
ple, iind engage them for the future to consider our Friends as their 
Friends, and the Governour will endeavour to make them all as one 
People. 

But as this will require some time, and all the Indians in those 
Southern Parts cannot be immediately acquainted with these messages, 



PROVINCIAL COUNCIL. 99 

tho' the Govcrnour intends to use all possible Dispatch. They must 
in the mean time take Care of themselves and keep out of the way 
oi' the \VarrioLirs paths, till a full and perfect Peace and good Under- 
standing can be settled. 

But after the Governour has thus proceeded in their Behalves, 
and in some measure pledges his Honour for them, They must not 
fail on any terms whatsoever, most strictly to make good their pre- 
sent Engagements against the Perswasions of all People whatsoever. 

We are all Friends to. the Five Nations and have a great Respect 
for them, and these cannot but be pleased to find that our Indians 
live in such Friendship with their English Neighbours, as to resolve 
also to live in Peace with all their Friends. Whenever any of these 
Minguays come amongst them, they must not fail to inform them 
that They and We are one People and not to be separated in Inte- 
rest, and we desire that the Minguays also may be the same, and 
live with us as Brothers. 

This being interpreted, it was ordered that They should be sup- 
plied with a Quarter Cask of powder, fifty pounds of Lead, five 
Gallons of Rum, with Bisket, Pipes, Tobacco, &c., for their Jour- 
ney ; In the mean time, that the Treasurer or Secretary should see 
them duly accommodated. 



At a Council held at Philadelphia, August the 6th, 1720. 

PRESENT : 

The Honurable V/ILLIAM KEITH, Esqr., Govcrnour. 

Richard Hill, Jonathan Dickinson, 

William Trent, James Logan, Secretary. 

Isaac Norris, 

Whereas, upon the Repeal of a late act of Assembly of this pro- 
vince, for establishing the several Courts of Judicature within the 
same, the Governour to prevent the failure of the Administration of 
Justice which might otherwise ensue thereon, found it necessary, by 
the Advice of this Board and Approbation of the Assembly, pursuant 
to the Powers granted by the Royal Charter to the Honourable Wm. 
Penn, Esqr., lale Propi ietor and Governour in Chief of fhis Province, 
his Heirs and As'-igns, and to his and their Lieulenants or Deputies, 
to erect by virtue of his Commissions the several Courts of Law 
within this Province, which have been regularly held and Justice 
duly administered thereby ; but there being a Necessity also, that 
a Court of Equity or Chancery should be held for the Releifo 
those ivho suffer under the Rigour of or cannot obtain their Right 
by the common Course of the Law, the Establishment of which 
Court of Equity does not appear practicable by the same methods 
with those of the Law, as being inconsistent with the Nature of a 



100 MINUTES OF THE 

C hancery, as it is practised in all his Majestys Dominions as well in 
Europe as America. 

The Governour therefore proposed this matter to the Considera- 
tion of the Assembly, at their meeting in May last, who thought fit 
to recommend it to the Governour to hold such a Court of Equity 
himself, with the assistance of the Council ; Whereupon, He was 
further pleased to desire the Advice of this Board, Who having at a 
former Meeting taken the whole into their serious Consideration, and 
deliberately debated the Nature of the thing and the Security of the 
method, It is at length Resolved, 

That it is the Opinion of this Board, that by virtue of the Powers 
granted by the Royal Charter to the late Proprietor, his Heirs and 
Assigns, and to his and their Lieutents. or Deputies, being regularly 
appointed, the present Governour William Keith, Esqr. , safely may 
comply with the Desire of the Representatives of the fTreemen of this 
Province, signified to him by an unanimous Resolution of their House, 
dated at Philadelphia the 4th day of May last. And that the holding 
of such a Court of Chancery in the manner aforesaid, may be of 
great Service to the Inhabitants of this Colony, and appears agree- 
able to the practice which has been approved of in the neighbouring 
Governments. 

But the Governour speaking to his own want of Experience in 
Judicial Affairs, and representing to the Board the great Addition of 
Attendance and Fatigue in tbe public Business which would be there- 
by laid upon him. He was pleased to add nevertheless, that consider- 
ing the many marks the House of Representatives and this Board 
had shewn of their Confidence in him in this as well as divers other 
respects. He should not decline to serve the Publick in that Station, 
but insisted on this, that as no Court of Chancery could by the me- 
thod proposed be held without him. So that He, on the other hand, 
should not fail of having a due assistance from the Council on their 
parts; And it was thereupon, at the Governours desire, established 
and declared. 

That as often as the Governour is to sit in Chancery and hold a 
(yourt. All the members of Council in or near Philadelphia, shall be 
summoned to attend the Governour as his assistants upon that Bench, 
and that there shall not any Decree be pronounced or made in Chan- 
cery but by the Governour as Chancellor, with the assent and con- 
currence of any two or more of the Six eldest of the Council for the 
time being. And that those Six eldest Counsellors or assistants, or 
any of them, may be employed by the Governour as Masters in 
Chancery, as often as Occasion shall require. 

And that the Inhabitants may have due notice of the said Court, it 
is ordered that A Proclamation be issued certifying all his Majestys 
Liege People of this Province, that for the more equal Distribution of 
Justice and the Conveniency of the Subject, a Court of Equity or 
Chancery will be opened by the Governour, at the Court House in 



PROVINCIAL COUNCIL. 101 

Philadelphia, upon the £5lh day of this instant, August, in order to 
hear and judge of all such matters within this province, as arc regu- 
larly coi^nizable before any Court of Chancery, according to the 
Laws and Constitutions of that part of Great Britain called England, 
and that the said Court will be always open for the Relief of the Sub- 
ject; Whereof his Majestys Judges of the Supreme Court, and the 
Justices of the inferiour Courts, and all otlicrs whom it may concern 
are to take Notice, and to govern themselves accordingly. 

There was read a Petition for a Road from Philadelphia to Wicko- 
coe, in these words. 

To the Honourable the Governour &, Council of the province of 
Pensilvania. 

The Petition of William Carter, Clement Plumsfed & Andrew Ha- 
milton, pt. owners of several parcels of March and Swamp, lying 
between the Land of Wickocoe and the point oppo'ite to Glocester, 
in W'est Jersey, in behalf of themselves & others, humbly shews. 

That part of the said Marsh or Swamp being granted to sundry 
persons who aie abuut to improve the same, and no public Road 
being yet laid out leading from Philadelphii to the said M;\rsh or 
Swamp, th'3 Petitioners pray an Order of the Governour and Council 
lor laying out a public Road from Philadelphia to the. point afore- 
said opposite to Glocester, where a fferry is proposed to be erected, 
which will very much conduce to the Ease and Advantage of his 
Majestys Subjects travelling that way, and to the owners of the said 
Swamp & low Grounds. 

Sign'd by Wm. Carter, A. Hamilton, Clemt. Plumsted, Edward 
Roberts, John Cadwalladcr, Evan Ort'en, Geo. fitzwater. 

Which being considered by the Board, the prayer of the said Peti- 
tion is granted, and Samuel Preston, Wm. Carter, George Fitzwater, 
Benjamin Banksr»n, Jacob Taylor and James Steel, are appointed to 
lay out the said Road, and are ordered to make a Return thereof to 
this Board at next meeting of Council. 

The Secretary laid before the Board an Accott. of the Charges of 
a Treaty held with the Indians at Conestogoe, the 2rth day of June 
last, being Eight pounds four Shillings and Eight pence ; as also an 
Accott. of Goods & provisions supplied the Indians at Philadelphia, 
by Order of this Board the 20th of July last, amounting to Plight 
pounds thirteen Shillings and five pence, the whole Charge being 
Sixteen pounds eighteen Shillings and one penny, from which de- 
ducting the presents received from the Indians to the value of ten 
pounds five Shillings, there remains due to the Secretary the Summ 
of Six pounds thirteen Shillings and one penny, which Accotts. being 
examined were allowed by the Board, and the Treasurer is ordered 
to pay the said Ballance to the Secretary forthwith. 



T02 MINUTES OF THE 

At a Council held at Philadelphia, August the 9th, 1720. 

present: 

The Honourable WILLIAM KEITH, Esqr., Governour. > 

Richard Hill, Samuel Preston, 

William Trent, Jonathan Dickinson, 

Isaac Norris, James Logan, Secretary. 

The Secretary laid before the Board a Draught of the Proclama- 
tion ordered to be issued at last Council, which without any Altera- 
tions was approved, and ordered to be engrossed, sealed and published 
forthwith. 

Samuel Preston presented the Return of the Road fi*om Philadel- 
phia to the point opposite to Glocesler, in AVest Jersey, laid out by 
Order of this Board, the consideration whereof, upon the petition of 
Benjamin Vining of Philadelphia, mercht., praying to be heard before 
the said Road is confirmed, was referred to the next meeting of the 
Council, of which the Clerk is ordered to give the sd. Vinjng Notice, 



At a Council held At Philadelphia, October the 4th, 175iO. 

PRESENT : 

The Honourable WILLRM KEITH, Esqr., Governour. 

Richard Hill, Anthony Palmer, 

William Trent, Jonathan Dickinson, 

Samuel Preston, James Logan, Secretary. 

The Governour having received from the several Sheriffs & Coro- 
ners of the respective Counties of this Province, Returns of the 
Elections of Persons to be presented to the Governour for his choice 
of Sheriff & Coroner respectively, for each County. He desired 
the Advice of the members present in his Nomination, which is as 
follows : 

For Philadelphia City & County : Owen Roberts & David Evans 
being returned for Sheriffs, the first is appointed; For Coroners, Ri- 
chard Walker & Merrick Davis being returned, Richard Walker is 
appointed. 

For Chester County : Nicholas Fairlamb & John Crosby being 
returned for Sheriffs, J no. Crosby is named ; For Coroners, Jonas 
Sandeland & John Wade being Returned, the first is nominated. 

For Bucks: John Hall & William Biles being returned for She- 
riffs, John Hall is nominated ; For Coroners, Jeffrey Pollard & Tho- 
mas Thweights being returned, the first is appointed. 

Accordingly Commissions are ordered to the said persons for their 
respective Offices, the Sheriffs giving Security in the Rolls office as 
the Law directs. 



PROVINCIAL COUNCIL. lOS 

A motion being made for confirming the Road from Philadelphia 
to the point opposite to Gloucester, in West Jersey, lately laid out by 
Order of this Board, Benjamin Vining &, Peter Evans attending were 
called in, And upon the humble Request of the said Benjamin Vining 
for himself, and Peter Evans in behalf of John Moore, Esquire, Own- 
ers of certain parcels ot Land through which the said Road (accord- 
ing to the Survey & Return thereof made to this Board,) will run, 
the confirmation therefore is deferred untill the first meeting of the 
Council after the 10th Instant, whereof the Clerk is ordered to givs 
the said Gentlemen Notice accordingly. 



At a Council held at Philadelphia, November the 5th, 1720. 

PRESENT : 

The Honourable WILLIAM KEITH, Esqr., Governour. 

Richard Hill, Jonathan Dickinson, 

Isaac Norris, James Logan, Secretary. 

Samuel Preston, 

The Governour acquainted the Board, That upon Advice from his 
Excellency the Governour of New York, That Robert Moore, late of 
Philadelphia, had made his Escape out of New York Gaol, where 
he stood committed for stabbing John Gei, late of Philadelphia, 
Mercht., Hues & Cryes had been issued here after the said Robt. 
Moore, throughout the whole Government. 

But now that the said John Gei was actually dead of his Wound, 
and it being suspected and talked as if the said Robert Moore lurked 
some where within this Government, with Intention to depart beyond 
Sea without the Reach of the Laws ; the Governour was of opinion, 
That it was proper to issue a Proclamation for preventing, if possi- 
ble, the said Robert Moores Escape from any part of this Govern- 
ment, And having caused one to be prepared accordingly, the same 
was read and agreed unto by the Board and ordered to be engrossed, 
sealed, published and orinted forthwith. 

EODEM DIE POST MERIDIEM. 

PRESENT : 

The Honourable WILLIAM KEITH, Esqr., Governour. 

Richard Hill, Anthony Palmer, 

Isaac Norris, James Logan, Secretary. 

Present also, Andrew Hamilton, Attorney Genl. at the Govrs. 
Desire. 

The Attorney General informed the Governour that two Criminals, 
'^'hichatlhe last Court of Oyer and Terminer, held at Philadelphia, 



104 MINUTES OF THE 

were convicted, viz : a Man (by name Edwd. Hunt,) for high Trea- 
son, having Counterfeited the Current Coin, and a Woman, (Anne 
Huson,) for Burglary, lay now in Philadelphia Gaol under Sentence 
of Death, but that no Esecucon had been yet awarded that he knew 
of. 

One of the Judges present observed, that the Governnur being 
abroad when Sentence was pi enounced, the Judges had delayed 
awarding the Execution to give the Criminals a reasonable time for 
making their Application to the Governour, lest they had anything 
to offer which could entitle them to any share of his Mercy, but the 
Governour declared that no such thing had yet been offered to him, 
and that it was his steady Resolution not to interpose his Authority or 
suspend the Execution of any legal Sentence, except when either a 
Certificat from the Judges, or other weighty Recommendation from 
this Board, should offer such Reasons to him as might convince his 
conscience that such an Interposition was prudent, Just or necessary. 

The members differing in their Sentiments about the Circumstan- 
ces of the condemned Criminals, and the Board being very thin, 
the Governour proposed an Adjournment to the 9th instant, and in the 
mean time that the Warrants fbr executing the Sentences which the 
Law had pronounced should be issued, since that could not intercept 
oi hinder the Governour from shewing mercy, if any good Reasons 
could be offered at the next meeting of Council for his so doing ; 
And the Council was adjourned to the ninth instant, at nine in the 
morning accordingly. 



At a Council held At Philadelphia, November the 9th, 1720. 

TRESENT : 

The Honourable WILLIAM KEITH, Esqr., Governour. 

Richard Hill, Jonathan Dickinson, 

Samuel Preston, James Logan, Secretary, 

Present also, Andrew Hamilton, Attorney Genl. at the Govrs. 
Desire. 

The Governour acquainted the Board, that the Day before He 
had issued his Warrants for Executing the Sentence of Death 
against the Criminals mentioned at the last Council, And that the 19th 
instant being the Day appointed for the said Execution, there was 
sufficient opportunity given for an application from the Judges, if 
there was any thing of that kind to be offered. 

It was again urged by some of the members, that Edward Hunts 
Crime (viz. High Treason for counterfeiting the current Coin,) being 
the first offence of that Nature, whereof any Person had been yet 



PROVINCIAL COUNCIL. 105 

convicted in this Colony, it therefore seemed to claim some Compas- 
^5ion, but all agreed that there was nothing to be s-aid in behalf of the 
Criminals former Character, personal merit or Behaviour. One of 
the Judges present seemed for the above Reason to incline that Hunt 
should be repreived, until the Kings Pleasure could be known, but 
declared at the same time, that his Compassion for the Criminals cir- 
cumstances did not proceed from any Ground of Dissatisfaction with 
any part of the Evidence upon the Tryal, which appeared to him 
sufficient to infer Conviction and the legal Sentence that had been 
pronounced. Those who spoke on the other side urged the nature of the 
Crime, and the Necessity that there was in all civil Governments to 
make some public Examples, the want of any merit in the Criminal, 
and the very litle or no Service at all that a Reprieve to so miserable 
a Life could be to him. 

The members present being equally divided in their Opinions, it 
was left to the Governour to do therein as he thought fit. 

A Petition from Anne Iluson, the other Criminal mentioned at last 
Council, under Sentence of Death for Burglary, was presented and 
read. It was generally observed, that the Criminals Behaviour 
shewed her to be a very weak ignorant Woman ; That it was 
the first offence to which She had plead guilty, when many were 
of opinion tliat the Evidence for Burglary would scarce have 
amounted to Conviction. It was also observed, that her Crime was a 
growing Evil in the City of Philadelphia, which had but very lately 
been made Felony of Death, wherefore to make a proper Example of 
the Force of that Law would be of Use ik. Importance ; Howeverj 
this was also referred to the Governours Thoughts &; Pleasures. 

Upon the Prayer of Andrew Hamilton, Esqr., to the effect under 
written. It is Resolved, 

That the Road from Philadelphia to the Point over against Glou- 
cester, in West Jersey, lately laid out by Order of this Board, be, 
and it is hereby confirmed according to the Return thereof, made 
by the Persons appointed to survey and lay out the same, which said 
Return is in the following words. 

Pursuant to the Order of Council hereunto affixed, We the persons 
therein named and appointed do certify, That on the 9lh Day of the 
Sixth month August, Anno 1720, We have laid out a Public Road 
leading from the South End of the Second Street of the City of Phila- 
delphia, to the Point in the Marsh or Swamp opposite to Gloucester, 
in West Jersey, the Course whereof is the same with the said Second 
Street, continued in Moyamensing Road to Wickacoe Lane End ; 
Then leaving the said Road and rutiing south two Degrees Easterly 
two hundred perches to a point of fast Land below the House late of 
Peter Swanson ; Then continuing the same coursg into the meadow 
perches; Then south 16 Degrees East through the Swamp and 
Cripple One hundred »k Eighty perches to Little Hollanders Creek; 



106 MiNUTES OF THE 

Then crossing the said Creek and continuing the same Course through 
the Meadow Ground One hundred perches to Hay Creek ; Then over 
the same and still continuing the same course, viz: South 16 Degrees 
East two hundred perches to a Swamp Oak, mark'd standing on the 
said point opposite to Gloucester ; Then South East about ten perch- 
es to Low water mark, in the River Delaware. 

SAML. PRESTON, 
WM. CARTER, 
GEO. FITZVVATER, 
BRNJAMIN B. B. BANKSON, 
JACOB TAYLOR, 
JAMES STEEL. 



At a Council held at Philadelphia, March the 22d, 1720. 

PRESENT : 

The Honble WILLIAM KEITH, Governour. 

Richard Hiii, Anthony Palmer, 

William Trent, Jonathan Dickinson, 

Isaac Norris, James Logan, Secretary. 
Samuel Preston, 

Upon Consideration of a Petition this Day read at the Board, from 
sundry persons who call themselves the upper Inhabitants of the 
West side of Schuylkill, in these words. 

To the Honorable William Keith, Esqr., Governour of the Province 
of Pensilvania and to His Honorable Council, The Petition of the 
upper Inhabitants on the West side of Schuj'lkill, humbly sheweth 

That Whereas the Commissioners for the County of Chester, have 
attempted of late to make us pay taxes in the County of Chester, 
notwithstanding we have ever since our first Settlemt. paid our 
Taxes in the County of Philadelphia. 

And your humble Petitioners having no Trade with Chester, and 
seeing it is impossible for us to have any toUerablj convenient Road 
to Chester, by reason of Rocks and Mountains. 

And considering that the County of Philadelphia, if bounded by 
Schuylkill, will not be above seven or Eight miles broad at this 
place by an indiflerent Computation, and the County of Chester, if 
bounded by Schuylkill aforesaid, will be near fifty miles broad by the 
like computation. 

And considering that we must carry the Product of our Labour to 
Market at or near Philadelphia, which is forty or fifty miles, to pur- 
chase money to pay our Taxes, and defray the several Charges we 
shall be incident to by public services if we be taken into Chester 
County, which will be a very great burthen upon us. 



PROVINCIAL COUNCIL. 107 

The aforesaid Considerations your humble Petitioners hope are suf- 
ficient reason for us to pray your Honrs. that the Counties may be 
divided, And that if possible we may be (as heretofore) Inhabitants 
in the County of Philadelphia, tho* on the west side of Schuylkill ; 
And your Petrs. as in Duty bound will ever pray, &c. 

Signed by Israel Robeson, Francis Hughs, Henry Bell, John Sin- 
clair, John Rumford, and about forty psons more. 

It is ordered that the Surveyor General search his Office, and 
make Report to this Board of what appears from thence concerning 
the Division of the two Counties of Philadelphia & Chester from 
each other. Also, that He and James Steel report in like manner 
as far as they are capable, who or how many of the subscribers to the 
said Petition are seated on the west side of Schuylkill, and upon what 
Tracts of Land and how long they have been possessed of the same, 
upon which Report this Board may proceed further upon the Peti- 
tion presented to them. 

The Governour acquainted the Board, that there being frequent 
late Advices of the Plague & pestilential Distempers raging in seve- 
ral Countreys of Europe, And there being great Numbers of People 
daily impoited into this Colony from Great Britain, Ireland, Ger- 
many and other parts. He thinks it a subject very worthy the se- 
rious Deliberations of this Board, to consider of some further means 
than the Law entituled, " An Act to prevent Sickly Vessels coming 
into this Government," has provided for preventing Sickly vessels 
arriving in this province from discharging their goods or passengers. 
And that in order thereunto He had caused the Draught of a Com- 
mission to be prepared, whereby Patrick Baird of Philadelphia, 
Chirurgeon, is authorized and required to go on Board all vessels 
arriving from Sea in any port of this Province, and to examine the 
State of the Health of the Mariners & Passengers aboard, and upon 
reasonable Cause of Suspicion of any pestilential or Contagious Dis- 
temper being aboard, to vvai-n and require the master or Commander 
of such Sickly Ship or Vessel not to presume to land, or suffer to 
be landed any Goods or passengers from aboard the said Vessel, 
before such master or Commander has obtained the Governours 
Licence for so doing ; And the said Commission being read and con- 
sidered, was with some amendmt. approved. It being hereupon fur- 
ther observed by the Board, That without the appointment of such 
an officer, the aforementioned Law for preventing Sickly vessels 
coming into this Government was lame and defective, and could not 
an>swer its first Design and Intention. 

The Governour further acquainted the Board, that having taken a 
-Resolution last summer (as they were sensible) to visit the Gover- 
nour of Virginia, in order to establish if possible a Peace and good 
understanding between the Indians of that Colony, and the parts ad- 
jacent to the Southward and the Indians of this Province, between 
whom divers Hostilities had been committed to the endangering the 
publick Peace of the Province ; but being prevented by Sickness 



108 MINUTES OF THE 

from undertaking that Journey as he had proposed, and thereby 
obliged to defer it to this Spring; He had now fully prepared for it, 
and intended (God willing) to begin his Journey tomorrow; That in 
the mean time the Care of the Government would lie upon this 
Board, That the Number of its Members being so much reduced that 
it was not easie to get a Quorum together, it would therefore be con- 
yenient as had been formerly proposed to make an Addition of some 
{ew members ; He therefore recommended it to those present, (who 
are all the Members residing in the province that give their Atten- 
dance) to consider of two or three proper persons to be admitted 
before his Departure. The Board very much approved of the Gover- 
nours intended Journey and heartily wished him success in it, And 
was then adjourned till tomorrow at nine in the morning. 



At a Council held At Philadelphia, March the 23d, 1720. 

PRESENT : 

The Honourable WILLIAM KEITH, Esqr. Governour. 

Richard Hill, Anthony Palmer, 

William Trent, Jonathan Dickinson, 

Isaac Norris, James Logan, Secretary. 
Samuel Preston, 

The Members present yesterday having considered what the Go- 
vernour had recommended to them in Order to an Augmentation of 
this Board, and having named to him in the Evening some persons 
for the Governours Choice, He now acquainted the Board, that He 
had directed Thomas Masters and Andrew Hamilton, two of the four 
who had been named to attend, V/ho being called in and informed of 
the Desire the Governour and all the Members had that they should 
join this Board, Andrew Hamilton, Attorney General of the Province 
accepted on this Condition, That He should not as a Member of 
Council forego any part of his Practice in the Law, on which He 
had his sole Dependance ; And then Thomas Masters took and sub- 
scribed the several affirmations and Declarations injoined by the Acts 
of Parliament of England, to be taken by those called Quakers, as 
also an affirmation for the Discharge of his Duty in this Station, and 
Andrew Hamilton took the several oaths injoined by the said Acts, 
as also an Oa*h for the Discharge of his Duty as a member of Coun- 
cil, after which they took their places at the Board. 

The Treasurer laid before the Board an accott. amounting to 
Eighteen pounds five Shillings and ten pence, expended upon the 
Indians in the years 1715 & 1716, which is referred to the Secreta- 
ry, to be compared with his accotts. for those years allowed by the 
Council. And if upon Examination the Secretary finds the sd. accotts. 



PROVINCIAL COUNCIL. 109 

now produced by the Treasurer to be just and not formerlly allowed 
by the Council; It is ordered that the same be and is hereby al- 
lowed. 

The Governour then informed the Board that He had nothing fur- 
ther to lay before them, than that they would lake Care to keep all 
things as quiet as possible till his Return ; That He doubted not They 
would avoid giving themselves or other People any Trouble that 
could be avoided ; That He proposed to be back cither at Philadelphia 
or New Castle the first week in May or thereabouts, And in the mean 
time wished them heartily well. 



At a Council held At Philadelphia, March the 28th, 1721. 
In the Governours Absence. 

PRESRNT : 

Richard Hill, Thomas Masters, 

Samuel Preston, James Logan, Secretary. 

Jonathan Dickinson, 

The Secretary laid before the Board a letter he had received from 
the Governour, Colonel Keith, dated at Chester in his Journey to 
Virginia, occasioned by his meeting Samuel Robins, who had been 
dispatched by the Governour about the middle of last month to Co- 
lonel Spotswood, Governour of Virginia, in order to obtain an Answer 
to the Message sent him by this Government, from the Indians of 
Conestogoe and others of this Province ; Which Letter being read, 
the Secretary by thn direction of the Board, drew up a Message to 
be forthwith dispatched to the Conestogoe Indians & others upon 
Sasquehanna in this province, as follows : That the Messenger sent 
by our Governour to the Governour of Virginia in order to obtain 
an Ansv/er to the Message, and Tokens sent from and in behalf of 
the Indians by this Government was now returned, and had brought 
from the Indians of Virginia residing in that Government two Belts 
of Wampum, which are herewith sent them as a Promise and Assu- 
rance from the Indians of Virginia, that the said Indians will not for 
the future pass over Patowmeck River to the Eastward or Northward, 
or the high Ridfije of Mountains extendino- alon^ the Back of Virsi- 
nia. Provided, that our Indians and These to the Northward shall 
not pass over Patowmeck into Virginia to the Southward, npr shall 
go over to the Eastward of the said Ridoe of Mountains. 

That this is the Message now sent by those Indians dwelling 
within the sd. Mountains and in Friendship with Virginia, but that 
our Governour continues his Journey to Virginia to see the Gover- 
nour of that Country who is his great Friend, and the Governor of 
Mary Land, in Order to establish a firm Peace amongst all the In- 
dians in Friendship with the Subjects and People of the Great King 

10 



no MINUTES OF THE 

of England, and this Service to the Indians alone has led him so far 
from home from his Family & ffrds. in his own Province. In the 
mean time, 'tis expected that none (if the Indians in Friendship with 
this Government shall go out to War against any Indians whatso- 
ever who are in Friendship wi'h the Subjects of England, but behave 
themselves peaceably and quietly to all their Nerghbours without 
giving ary offence. 

And John Cartlidge, of Conestogoe, is desired to deliver the said 
Belts of Wampum to the Chiefs of the Indians on Sasquehannah, and 
to interpret this Message from the Indians of Virginia and from this 
Government, and to return their Answer to the Governour or to this 
Board by the first Opportunity after. 



At a Council held at Philadelphia, April the 20th, 1721. 

phesent: 

Richard Hill, Thomas Masters, 

Samuel Preston, James Logan, Secretary. 

Jonathan Dickinson, 

William Spafford, of Philadelphia, mariner, appeared before the 
Board and made Oath, that the Sloop Sarah, Burthen twenty two 
Tuns, himself Master, was built at Phihidia., Anno 1721, and owned 
by his Maty's Subjects and no Foreigners, and had a Register for the 
said Sloop, signed by the Secretary in the presence and by order of 
the Board. 



At a Council held at Philadelphia, May the 1 1 th, 1721. 

PRESENT : 

Richard Hill, Thomas Masters, 

Isaac Norris, James Logan, Secretary. 

Samuel Preston, 

Joseph Redman, of Philadelphia, mercht., appeared before the 
Board, and upon his solemn affirmation according to Law, declared 
that the Sloop Little Joseph, Burthen fifteen Tuns, Thomas Glent- 
worth, master, was built in Rhode Island, Anno 1719, (as appears 
by a former Regr. now cancelled) and wholly owned by himself & 
George Campion, of Philadelphia, And had a Regr. for said Sloop, 
signed by the Secretary in the presence and by Order of the Board. 



PROVINCIAL COUNCIL. Ill 

At a Council held at Philadelphia, June the 3d, 1721. 

PRESENT . 

The Honourable Sir WILLIAM KEITH, Baronet, Governour. 

Richard Hill, Anthony Palmer, 

William Trent, Jonathan Dickinson, 

Isaac Norris, Andrew Hamilton, 

Samuel Pi-eston, James Logan, Secretary. 

This being the first meeting of the Council since the Governours 
Return from Virginia, the Governour took occasion to thank the 
Board for their Service to the Government in his Absence, with 
some Expressions of his Satisfaction in meeting with his Council at 
this time, and finding the publick affairs of the Province in perfect 
good Order & Tranquility ; Whereupon, all the members present 
very heartily and unanimously congratulated him upon his Arrival in 
his own Government, And several of them took this occasion parti- 
cularly to acknowledge the Governours constant Care and Concern 
for the Interest, Honour and public Peace of the province, for whose 
Service he had undertaken and now happily accomplished so long 
and expensive a Journey. The Secretary reported the Minute of 
Council and Message to the Indians at Conestogoe, the 28th of March 
last, occasioned by the Governours Letter to him from Chester, with 
the Governour of Virginia's Answer, to the Express concerning In- 
dian affairs sent by Saml. Robins, last February. 

The Governour acquainted the Board, that having formerly at se- 
veral times declared to this Board the Reasons and Necessity of his 
Journey to Virginia, and the same being undertaken with their Ap- 
probation, He needed only tell them, that He had several Conferen- 
ces with Colonel Spotswood, Governour of that province, concerning 
Indn. affairs, and had found him very ready and desirous to contri- 
bute all that He is able towards Settling a firm Peace and Friendship 
between our Indians and those under the Protection of that Govern- 
ment, and all the other Indians to the Southward in Alliance or Amity 
with them. That the Substance of his Negotiation with that Go- 
vernour being contained in a Memorial v/hich he had presented to 
him in Virginia, and in the said Governours Answer thereto. He had 
caused both to be published for the Satisfaction of the People of this 
provice ; Yet nevertheless. He thinks it proper that the same be read 
in the presence of the Council, and remain upon the Minutes of tliis 
Board. 

Wliich said Memorial & Answer thereto were read accordingly, 
and are as follows. 

To His Excellency Colonel Spotswood, Governour of Virginia, 
&c. 

The Memorial of Wm. Keith, Governour of Pensilvania. 
Sin, 

Having duly considered your Letter of the 6th of last March in 



112 MINUTES OF THE 

Answer to my Express, wherein you are pleased lo say, That the 
Tributary Indians of Virginia have given feolemn assurances unto 
your Govtnt., that they will not for the future pass Patowmeck River 
nor the high Ridge of Mountains extending alorg the Back of Virgi- 
nia ; Provided, that the Indians to the Northward of Patowmeck 
and to the Westward of those Mountains will observe the same Li- 
mits, and that thi'j is the Proposition signified to the Pennsylvania 
Indians seated upon Sasquehannah River, by the two Belts then sent 
from the aforesaid Virginia Tributaries, which I received. 

Hereupon I take leave to inform you Sir, that the same Ridge 
which you call the Virginia or Appaliichy mountains, extends itself 
Northward through tlio Province of Pennsylvania into the Govern- 
ment of New York, and that all our Indians upon the River Sasque- 
liannah are settled to the Eastward of these mountains ; Wherefore, 
the Condition you propose seems to be more applicable to the New 
York Indians, known by the name of the five Nations who live to the 
Westward of tiiat Ridge, th";n it can be to ours who are seated 
amongst our own Settlements to the Eastward of it, and who seldom 
or never pass the River Patowmeck, unless it be when they go a 
hunting for Fishers towards the branches of the Wabash and Ohio, 
which they commonly do in the Fall of the year, and do not return 
before the month of May following. 

I would further represent to you Sir, that the Belts which I sent 
to you last August from our Sasquelianna Indians, did net only mean 
to secure a perfect P( ace and good understanding between them and 
the Virginia Tributaries, but also between them and all or any other 
Indian Nations to the Southward, who are in Amity with the Virgi- 
nia Tributaries and hold a friendly coiTespondence with your Go- 
vernment. So that as often as you have any opertunity either of 
renewing former Treaties, or of making new ones with the Cattaw- 
bras. Cherry koes or any other Southern Nation, if you will please 
particularly to mention and include the Pensylvania Indians upon 
Sasquehannah seated to the Eastward of the above Ridge of Moun- 
tains, the Province of Pensylvania will not only most gratefully ac- 
knowledge the favor of your Countenance & Protection, but also 
will readily concur to bear a reasonable proportion of the Charge 
which you may be at in accomplishing ^uch Treaties. 

You very well know Sir, That Pensilvania which is three degrees 
in breadth and extends five degrees West of the River Deleware, 
must border upon his Matys Dominion of Virginia to the Westward of 
MaryLand, and upon New York to the Northward of New Jersey. 
So that it is no less the interest of so small a Colony as Pensilvania, 
than it is unquestionably their duty to Cultivate a perfect friendship 
and constant agreement with two such powerful and rich neighbours, 
whose protection we arc encouraged to hope for, not only as we are 
all dutiful and loyal subjects to the same most gracious Sovreign, 
but also as having the same end in view to maintain and promote as 
much as in us lies, the British Interest and his Majestys Dominion on 
this large Continent. 



PROVINCIAL COUNCIL. 113 

These Sentiments Sir, Joyn'd to a most perfect Regard and Es- 
teem for your pson and character, have brought me at this time to 
wait upon you iiere, and if I may be so liappy to have my honest In- 
tentions for his Majestys Service, well received and approved by 
your Excellency and the Honorable Gentlemen of his Majestys 
Council of this ancient Colony and Dominion. 

I shall return toPensilvania with inexpressible Satisfaction to my- 
self, as well as a general contentment to the good People of that 
Province. 

W. KEITH. 

Williamsburg, April 22nd, 1721. 

To his Excellency Sir William Keith, Baronet, Governour of the 
Province of Pensilvania. 

The Answer of the Governour of Virginia to the Memorial in be- 
half of the Indians under the Goverment of Pensilvania. 

Sip, 

After reading this day in Council the representation which I had 
the Honr. to receive Yesterday from your Hands, I take occasion to 
assure you that it contains nothing but what is entirely agreeable 
to this Government, and am glad to observe that a person of your 
penetration makes no other objection to the proposition sent hence, 
than the Mistake which 1 seen by the general words of my Letter 
to lay under as to the situation of your Sasquehanna Indians, how- 
ever, whether they be settled on the East or the West side of the 
Mountains, still I think the Bounds proposed may serve as proper 
Limits, even between your and our Indians, for if neither of them 
cross Patovvmeck River they cannot in their several courses 
come at one another, without passing the high Ridge of Mountains 
v/hich is to be th'eir Boundary where that River ceases, and in this 
sense onlj you will be pleased to understand what I had the Honor 
to propose in my letter of the 6th of last month. As during my ad- 
ministration here, this Government has in all its Negotiations vyith 
the Indians regarded equally v^ith its own the safety of its neigh- 
bours ; So you v/ill do us the Justice to be assnred, that whenever a 
favorable opnertunity shall offer for future Treaties with the Cat- 
tavvbras, Chirokees and other Southern Indians, this Governmt. will 
in a mora particular manner regard the interests of your province 
and the Security of the Indians settled under its Protection. 

The Governour of Virginia will ahvays retain the like Sentiments 
with you, that the subjects of the same Sovreign however divided 
into distinct Governments ought still to be united in Affection to each 
other, and will therefore never be wanting in any offices of Friend- 
ship and Benevolence t®wards the Province of Pensilvania, being 
intirely satisfied that the same Principles of Duty and Loyalty to our 
Sovereign, and the same views to promote and extend the British In- 
terest & Dominion on this Continent will more and more increase 



114 MlNUTflS OF THE 

the Bonds of mutual Friendship between these two Colonies, and 
that when the wish'd for time shall come that the settlements of both 
shall extend so far Westward as to border on each other, the Incli- 
nations of b;nh Governments will still be proportionetl to their power 
to assist one another. 

It remains Sir, that I assure you on my part of the Pleasure I have 
in the occasion which has brought you hither at this time, whereby 
an oppertunity is given me to renew to you the professions of a true 
Respect and Friendship, to testify my Readiness to concur with you 
in promoting his Majestys Service, and to give you proofs ofiny sin- 
cere Inclinations to contribute whatever is in my power to the service 
of the province under your Government. 

A. SPOTSWOOD. 

Williamsburg, April 25lh, 1721. 

Samuel Robins accott. of Expenses in his Journey to Virginia, in 
February last, for the service of this Government, being £ — , with 
— days Wages for himself and Horse, at 5s. per Day by agreement, 

making in all , is now laid before the Board ; Whereupon, it is 

ordered that the Treasuer do forthwith pay to the Secretary five 
pounds advanced by him to the said Robbins at his setting out for 
Virginia, and to the said Robins so much more of his said accott. 
as the Secretary shall think reasonable to be allowed him. 

The Governour acquainted the Board that He had yesterday re- 
ceived an Express from Conestogoe Indians, intimating that they 
were certainly informed of some Deputy's from the five Nations be- 
ing on their Journey to Conestogoe, in order to treat with this Go- 
vernment. 

Whereupon it is the opinion of the Board, that the Resolution to be 
taken upon this Message be deferred till the Governour is informed 
of the Arrival of the said Indians of the five Nations at Conestogoe. 
In the meantime, the Secretary is desired to prepare a proper Mes- 
sage to be sent to the Conestogoe Indian'j, to acquaint them of the 
<jjvernour's Return from Virginia, and to inform them particularly 
of his Negotiation wt. that Govmt. in their Behalf. The Governour 
•communicated to the Board, some part of a Letter from his Excel- 
lency the Governour of New York, dated at Burlington, April 26ib, 
1721, which with the Copy of the Instruction whereunto it relates 
were read, being as follows : 

BuRLixGTON, April 2Gth, 1721. 

Dear Sir, 

Inclosed I send you my last accounts from Albany, and the Copy 
of that Instruction by which I have Ground to make a circular De- 
mand for repairing and increasing the Fortifications of the flrontier 
of New York. I have sent the s-ame to Colonel Spotswood & Colo- 
nel Calvert, and must now recommend it to you to provide the three 
hundred and fifty pounds which the King has made the Quota of 
your Province, and to transmit it to New York, in Order to be applied 
to that Service. 

W. BURNET. 



PROVINCIAL COUNCIL. 115 

To his Excellency William Burnet, Esqr., Governour of the Pro- 
vince of New York. 

Instruction 91. Whereas it has been thought requisite, that the 
general Security of our Plantations upon the Continent of America, 
be provided lor by a Contribution in proportion to the respective 
Abilities of each Plantation ; And whereas, the Northern Frontiers 
of the Pi'ovince of New York being the most exposed to an Enemy, 
do require an extraordinary Charge for the erecting and maintaining 
of Forts necessary for the Defence thereof; And whereas, Orders 
were given by King William the third for the advancing of £500 
Sterling towards a Fort in the Onondage Country, and of two thou- 
sand pounds Sterling towards the rebuilding of the Fort at Albany & 
Schenectady. And likewise, by Letters under his royal Sign manual 
directed to the Governours of divers of the Plantations, to recom- 
mend to the Councils and general Assemblies of the said Plantations, 
that they respectively furnish a proportionable Summ towards the 
Fortifications on the Northern Frontiers of our said province of New 
York, viz : 

Rhode Island & Providence Plantation; J 150 

Conneticutt, 450 

Pensilvania, 350 

Mary Land, 650 

Virginia, 900 

And whereas. We thought fit to direct that you also signify to our 
Province of Nova Cesarea or New Jersey, that the Summs which 
we have at present thought fit to be contributed by them, (if not al- 
ready done) in proportion to what has been directed to be supplyed 
by our other Plantations as aforesaid, are £250 Sterling for the Di- 
vision of East New Jersey and £250 Sterling for the Division of 
West New Jersey, you are therefore to inform yourself what has 
been done therein and what remains further to be done, and to send 
an Account thereof to us and to our Commrs- for Trade & Plan- 
tations as aforesaid. 

Upon a full consideration of the matter, it v/as observed. That this 
Instruction appears to be grounded on those Letters from the late 
King William, diiected about twenty five years agoe, under his Sign 
manual to the several Governours of the provinces or Colonies on 
this Continent mentioned in the said Instruction; And that an In- 
struction of the very same Tenour was given to the Lord Cornbury, 
together with his Commission from the said King William, for the 
Government of the Province of New York ; That the same Ins'ruc- 
tion has ever since been continued (as the Board is informed) to the 
other succeeding Governours of that Colony ; That it appears from 
the Instruction itself now laid before the Board, that the Intention of 
it is not that any Demand should be now made on this province, but 
only that it should be inquired into how far the aforesaid orders of 
King William have been complied with. 



1 16 MINUTES OF THE 

At a Council held at Philadelphia, June the 17th, 17£l. 

PRESENT : 

The Honourable Sir WILLIAM KEITH, Bart., Governour. 

Richard Hill, Jonathan Dickinson, 

Isaac Norris, Thomas Masters, 

Samuel Preston, James Logan, Secretary. 

The Governour acquainted the Board, That at the last meeting of 
the Council, the Gentlemen then present may remember He commu- 
nicated them some Advices he had received from Conestogoe, that 
some deputies of the ffive Nations were on their Journey thither in 
order to treat with this Government ; That the same Day the Secre- 
tary, by the Governours order, had sent an Express to John Cart- 
lidge, requiring him to inform the Governour immediately upon the 
Arrival of the said Indians at Conestogoe, and likewise to endeavour 
to inform himself particularly of their Business with this Govern- 
ment, and in the Name and by order of the Governour & Council, 
to invite them to treat with us at Philadelphia. In obedience where- 
unto John Cartiledge, by an Express arrived here this morning, 
acquaints the Govr. of the Arrival of the said Deputies at Conestogoe, 
" That He had entertained them at his House, and moved their Co- 
ming to treat with the Governour at Philadelphia, which they abso- 
lutely deny ; That they seem very reserved in discovei'ing any part 
of their Business with this Government, until they meet with the 
Governour himself at Conestogoe, whither they desire him to come 
with all convenient speed. 

Whereupon the Governour declared his opinion. That seeing a 
Considerable number of the Chiefs & others of the said Indians of 
the ffive Nations were actually come to Conestogoe, and having been 
invited to Philadelphia had positively refused to come any nearer 
than Conestogoe, and therefore press to meet the Governour there 
in order to treat with him ; He for his part thinks it necessary for the 
Service of the Colony, that this opportunity of treating with the said 
Indians should by all means be embraced ; Nevertheless, being resol- 
ved to be governed in this matter by the Advice and opinion of this 
Board, He proposes and leaves it wholy to their Consideration, Whe- 
ther the Service which is reasonable -to be expected from a treaty 
with those Nations at this time will be a sufficient Equivalent to 
compensate the Charge wherewith the Governours Journey to Cones- 
togoe, and the Gentlemen of the Council that must accompany him 
thither, will necessarily be attended. 

Which being fully considered and largely debated by the Board, 
every member present having thereupon given his sentiments, It is 
resolved and declared to be the unanimous opinion of this Board, That 
seeing it is the Practice of the Government of New York lo treat 
with Indians of those Nations at Albany, which lies at a greater Dis- 
tance from New York than Conestogoe does from this place; And 



PROVINCIAL COUNCIL. 1 1 7 

that the said Indians cannot be perswaded to come down to Phila- 
delphia ; And considering likewise, that the Governours Zeal and 
Inclination to serve the Governint. outweighs all tho objections natu- 
rally arising from the extreme Heat of the Season and other Inconve- 
niencies of so fatiguing a Journey. These things being duly considered, 
and the Board having returned the Governour their thanks for this 
Mark of his Care of the public affairs of the Province, do unanimously 
declare their opinion, That it will very much conduce to the service 
and peace of this Government, That the Governour and such and so 
many Members of this Board as he shall nominate do undertake a 
Journey to Conestogoe, in order to treat with the Deputies of the 
ffivc Nations now there, as they have desired ; Whereupon, the Go- 
vernour named Richard Hill, Jonathan Dickinson, Colo. French and 
the Secretary, to accompany him in his Journey and assist him in 
the said Treaty with the fiive Nations, And it is concluded that they 
begin their Journey on Monday Morning, being the 3d of July. 

Conestogoe, July the 5th, 1721. 

The Governour arrived here this Day at Noon, and in the Even- 
ing went to Captn. Civility's Cabin, where four Deputies of the five 
Nations, and some few more of their People came to see the Gover- 
nour, who spake to them by an Interpreter to this purpose, viz : 

That this being the first time that the five Nations had thought 
fit to send any of their Chiefs to visit him ; He had come a great way 
from home to bid them welcome, That He hoped to be better ac- 
quainted and hold a fuither Discourse with them before he left the 
Place. 

They answered. That they were come a long way on purpose to 
see the Governour and speak with him ,• That they had heard much 
of him and would have come here before now, but that the Faults or 
mistakes committed by some of their young Men had made them 
ashamed to shew their Face:>, but now that they had seen the Go- 
vernours Face, they were well satisfied with their Journey whether 
any thing else was done or not. 

The Governour told them, That to morrow morning he designed 
to speak a {qw words to his Brothers & Children, the Indians of Co- 
nestogoe and their friends upon Sasquehanna, and desired that the 
Deputies of the five nations might be present in Council to hear what 
is said to them. 



At a Council held at Conestogoe, July the 6th, 1721. 

PRESENT : 

The Honorable Sir WILLIAM KEITH, Bart., Govr. 
Richard Hill, Colonel John ffrench, 

Caleb Pusey, James Logan, Secretary. 

Jonathan Dickinson, 

The Governour Spoke to the Conestogoe Indians, as follows : 



118 MINUTES OF THE 

My Brothers & Children, 

So soon as you sent me Word That your near Friends and Rela- 
tions the Chiefs of the ffive Nations, were come to visit you, I 
made haste and am come up to see both you and them, and to assure 
all the Indians of the Continuance of my Love to them. 

Your old Acquaintance and true Friend, the Great William Penn, 
was a wise man, and therefore he did not approve of Wars among 
the Indians whom he loved, because it wasted and destroyed their 
People, but always recommended Peace to the Indians as the surest 
way to make them rich and strong by increasing their Numbers. 

Some of you can very well remember since William Penn and 
his Friends came first to settle amongst you in this Country, It is but 
a few years and like as yesterdaj' to an old man. Nevertheless by 
following that Great Man's peaceable Councils this Government is 
now become wealthy and powerful in great Numbers of People, And 
tho' many of our Inhabitants are not accustomed to war and dislike 
the Practice of mens Killing one another, yet you cannot but know 
I am able to bring several thousands into the Field well armed, to 
defend both your People and ours from being hurt by any Enemy 
that durst attempt to invade us ; However, We do not forget what 
William Penn often told us, That the Experience of old age, which 
IS true Wisdom, advises Peace, and I say to you, that the wisest man 
is also the bravest man, for he safely depends on his Wisdom, and 
there is no true Courage without it. I have so great a Love for you, 
my dear Brothers, who live under the Protection of this Government 
that I cannot suffer you to be hurt no more than I would my own 
children; I am but just now returned from Virginia, where I wearied 
myself in a long Journey both by Land and Water, only to make 
Peace for you my children, that you may safely hunt in the Woods 
without Danger from Virginia and the many Indian nations that are 
at Peace with that Government. But the Governor of Virginia ex- 
pects that you will not hunt within the Great Mount&ins on the other 
side of Patowmeck River, being it is a small Tract of Land which 
he keeps for the Virginia Indians to hunt in. And He promises that 
his Indians shall not any more come on this side Patowmeck, or be- 
hind the Great Mountains this way to disturb your hunting ; And 
this is the Condition I have made for you, which I expect you will 
tirmly keep, and not break it on any Consideration whatsoever. 

I desire that what I have now said to you may be interpreted to 
the Chiefs of the five Nations present. For as you are a part of them, 
There are in like manner one with us as you yourselves are, and 
therefore our Councils must agree and be made known to one an- 
other. For our Hearts should be open that we may perfectly see 
into one another's Breasts. And that your Friends may Speak tome 
freely, tell them I am willing to forget the mistakes which some of 
their young men were guilty of amongst our people; I hope They 



PROVINCIAL COUNCIL. 119 

will grow wiser with age, any hearken to the grave counsels of their 
old men whose Valour we esteem because they are wise; But the 
Rashness of their young men is allogctiicr Follv. 



At a Council held at Conestogoe, July the 7th, 1721. 

PRESENT : 

The Honourable Sir WILLIAM KEITH, Bart., Governour. 

Richard Hill, Colonel John ffrench, 

Caleb Pusey, James Logan, Secretary, 

Jonathan Dickinson, with divers Gentleman. 

PRESENT ALSO : 

The Chiefs or Deputies sent by the ffive Nations to treat with this 
Governmt., viz : 

Sinnekaes Nation : Onondagoes Nation : Cayoogoes Nation; 

Ghesaont, Tannawree, Sahoode, 

Awennool, Skeetowas, Tchehuhque. 

Smith, the Ganawese Indian Interpreter from the Mingoe Lan- 
guage to the Delaware ; John Cartlidge and James Le Tort, Inter- 
preters from the Delaware into English. 

Ghesaont, in the Name and on the behalf of all the ffive Nations, 
delivered himself in speaking to the Governour, as follows : 

They were glad to see the Governour and his Council at this place, 
for they had heard much of the Governour in their Towns before 
they came from home, and now they find him to be what they had 
then heard ot him. Viz : their Friend and Brother, and the same as 
if William Penn were still amongst them. 

They assure, the Governour and Council that they had not forget 
William Penns Treaties with them, and that his advice to them was 
still fresh in their memories. 

Though they cannot write, yet they retain every thing said in 
their Councils with all the Nations they treat with, and preserve it 
as carefully in their memories as if it was committed in our method 
io Writing. 

They complain that our Traders carrying Goods and Liquors up 
Sasquehanna River some times meet with their young People going 
out to war, and treat them unkindly, not only refusing to give them a 
Dram of their Liquor, but use them with ill Language and call them 
Dogs, &:c. 

They. take this unkindly, because Dogs have no sense or under- 
standing ; Whereas they are men, and think that their Brothers 
should not compare them to such Creatures. 

That some of our Traders calling their young men by those 
Names, the young men answered, if they were Dogs then they might 



120 MINUTES OF THE 

act as a such ; Whereupon, they seized a Kegg of their Liquor and 
run away with it. 

N. B. This seems to be told in their artful way to excuse some 
small Robcries that had been committed by their young people. 

Then laying down a Belt of Wampum upon the Table, He pro- 
ceeded and said, 

That all their Disorders arose from the use of Rum and Strong 
Spirits which took away their sense and memory ; That they had no 
such Liquors amongst themselves, but were hurt with what we fur- 
nished to them and therefore desired that no more of that sort 
might be sent amongst them. 

He presented a Bundle of dresl Skins and said, 

That the five nations faithfully remember all their ancient Trea- 
ties, and now desire that the Chain of Friendship between them and 
us may be made so strong as that none of the Links can never be 
broken. 

Presents another Bundle of raw Skins and observes. 

That a Chain may contract Rust with lying and become weaker; 
Wherefore, he desires it may now be so well clean'd as to remam 
bricfhter and sfi'onger than ever it was before. 

Presents another parcel of Skins and says. 

That as in the Firmament all Clouds and Darkness are removed 
from the Face of the Sun, so they desire that all Misunderstandings 
may be fully done away ; So that when they who are now here shall 
be dead and gone, their whole People with their Children & Posterity 
may enjoy the clear Sun Shine of Friendship with us for ever, with- 
out any thing to interpose and obscure it. 

Presents another Bundle of Skins and says, 

That looking upon the Governour as if William Penn was pre- 
sent they desire, That in case any disorders should hereafter happen 
between their young people and ours. We would not be too hasty in 
resenting any such Accident, untill their Council and ours can have 
some oppertunily to treat amicably upon it, and so to adjust all 
matters as that the Friends,hip between us may still be inviolably 
preserved. 

Presents a small parcel of drest Skins and desires, 

That We may now be together as one people, treating one an- 
others Children kindly and affectionately on all occasions. 

He proceeds and says. 

That they consider themselves in this Treaty as the full Plenipo- 
tentiaries and Representatives of the ffive rations, and they look upon 
the Governour as the Great King of England's Representative, and 
therefore they expect that every thing now stipulated will be made 
absolutely firm and good on both sides. 

Presents a Bundle of Bear Skins and says. 

That having now made a firm League with us as becomes our 
Brothers, they complain that they get too little for their Skins & 



PROVINCIAL COUNCIL. 121 

iTurrs so as tliey cannot live by their hunting, They desire us there- 
fore to take compassion on them and contrive some may to help them 
in Ihat particular. 

Presenting a i^ew fFurrs, he Speaks only as from himself to ac- 
quaint the Govr., That the five Nations having heard that the Go- 
vernour of Virginia wanted to speak wt. them. He himself with 
some of his Company intend to proceed to Virginia, but do not know 
the way how to get safe thither. 



At a Council held at the House of John Cartlidge, Esqr. near Co- 
nestogo, July 8th, 1721. 

PRESENT : 

The Honourable Sir WILLIAM KEITH, Bart., Governour. 
Richard Hill, Col. John French, 

Jonathan Dickinson, James Logan, Secretary. 

The Governour desired that the Board would advise him as to the 
Quantity and kind of the presents that must be made to the Indians in 
Return to theirs, and in Confirmation of his speech to them ; Where- 
upon it was agreed. That twenty five strowd Match Coats of two 
yards each, One hundred wt. of Gun powder, two hundred of Lead, 
with some Bisket, Tobacco and Pipes, should be delivered as the Go- 
verno.ir's Present to the five Nations ; And the same being prepared 
accordingly, the Council was adjourned to Conestogoe, the Place of 
Treaty. 



At a Council held at Conestogoe, July the 8th, 1721. Post Me- 
ridiem. 

PRESENT : 

The Honourable Sir WILLIAM KEITPI, Bart., Governour. 
And the same members as before, with divers Gentlemen attending, 
the Govr. And the Chiefs of the Five Nations being all seated in 
Council, and the Presents laid down before the Indians. 

The Governour spoke to them by the Interpreters in these Words. 
My Friends & Brothers : 

It is a great satisfaction to me that I have this opportunity of 
speaking to the Valiant and wise five Nations of Indians, whom you 
tell me you are fully empowered to represent. I treat with you 
therefore as if all these Nations were here present, And you are to un- 
derstand what I now say to be agreeable to the mind of our Great 
Monarch George the King of England, who bends his care to esta- 
blish Peace amongst all the mighty nations of Europe, and unto whom 
all the people in these parts are as it were but like one Drop out of a 

11 



122 MINUTES OF THE 

Bucket, So that what is now transacted between us must Ic laid up 
as the words of the whole Body of your People and our People, to 
be kept in perpetual Remembrance. I am also glad to lind that you 
remember what Willium Penn formerly said to you ; He was a great 
and a good man, his own People loved him ; He loved the Indians, 
and they also loved him, He was as their Father, He would never 
sufTer them to be wronged, Neither would he let his people enter upon 
any Lands untill he had first purchased them of the Indians ; He was 
just, and theiefore the Indians loved him. 

Though he is now removed from us, yet his children and people 
following his Example will always take the same measures. So that 
his and our posterity will be as a long chain of which He was the 
first Link, and when one link ends another succeeds, and then an- 
other, being all firmly bound together in one strong chain to endure 
for ever. 

He formerly knit the Chain of Friendship with yon as the Chief of 
all the Indians in these parts, and lest this chain should grow rusty 
you now desire it may be scowred and made strong, to bind us as 
one People together; We do assure you it is and has always been 
bright on our side, and so we m ill ever kept it. 

As to your complaint of our Traders, that they have treated some 
of your young men unkindly, I take that to be said only by way of 
Excuse f*r the Follies of your People, thereby endeavouring to per- 
swade me that they were provoked to do what you very well know 
they did, But as I told our own Indians two days ago, I am willing 
to pass by all these things. You may therefore be assured that our 
People shall not ofTer any Injury to yours ; or if I know that they 
do, they shall be severely punished for it, So you must in like man- 
ner strictly command your young men that they do not offer any 
Injury to ours ; For when they pass through the utmost skirts of our 
Inhabitants, where there are no People j^et settled but a few Tra- 
ders, they should be more earful of them as having seperated them- 
selves from the Bodv of their Friends, purely to serve the Indians 
more commodiously with what they want. 

Nevertheless if any little disorders should at any time hereafier 
arise. We will endeavour that it shall not break or weaken the Chain 
of Friendship between us ; To which End if any of your People take 
offence, you must in that case apply to me or to our Chiefs; And 
when We have any cause to complain. We shall as you desire apply 
to your Chiefs by our friends the Conestogoe Indians, but on both 
sides we must labor to prevent every thing of this kind as much as 
we can. 

You complain that our Traders come into the path of your young 

men going out to War, and thereby occasion Disorders amongst them, 

I will therefore, my Frds. and Brothers, speak very plainly to you 

on this Head. 

Your young men came down Sasquehanna River and take their 



PROVINCIAL COUNCIL. 123 

Road through our Indian towns and Settlcnaents, and make a path 
between us and the People against whom they go out to War ; Now 
you must know, that the Path this way leads them only to the In- 
dians who are in alliance with the English, and first to those who are 
in a strict League of Friendship with the great Governour of Virgi- 
nia, Just as these our Friends and Children who are settled amongst 
us are in League with me and our People. 

You cannot therefore make War upon the Indians in League with 
Virginia without weakening the Chain with the English ; For as W 
would not suffer these our Friends and Brothers of Conestoo-oe .and 
upon this River, to be hurt by any persons without considering it was 
done to our selves; So the Governour of Virginia looks upon the In- 
juries done to his Indian Brothers and fifriends as if they were done 
to himself; And you very well know that though you are five different 
Nations yet you are but one People, so as that any wrong done to 
one Nation is received as an Injury done to you all. 

In the same manner and much more so it is with the English, 
who are all united under one great King, who has more People in 
that one Town where he lives, than all the Indians in North America, 
put together. 

Your are in a League with New York as your ancient Friends and 
nearest Neighbours, and you are in a League with us by Treaties 
often repeated, and by a Chain which you have now brightened. As 
therefore all the English are but one People you are actually in 
League with all the English Governments, and must equally pre- 
serve the Peace with all as with one Government. 

You pleased me very much when you told me that you were 
going to treat with the Govr. of Virginia. Your Nations formerly 
entered into a very firm League with ihat Govmt., and if you have 
suffered that Chain to grow rusty it is time to scour it, And the ffive 
Nations have done very wisely to send you there for that purpose. 

I do assui'e you, the Governour of Virginia is a great and good 
Man; He loves the Indians as his Children and so protects and de- 
fends them, for he is very strong, having many thousand Christian 
Warriours under his Command, whereby he is able to assist all 
those who are in any League of Friendship with him. Hasten there- 
fore, my Friends, to brighten and strengthen the Chain with that 
great Man, for he desires it and will receive you kindly. He is my 
great and good Friend, I have been lately with him, And since you 
say you are Strangers, I will give you a Letter to him to inform him 
of what we have done, and of the good Design of yjur Visit to him 
and to his Country. 

My Fi lends and Brothers: I told you two Days agoe that We 
must open our Breasts to each other, I shall therefore, like your true 
Friend, open mine yet further to you for your Good. 

You see that the English, from a very small People at first in 
these parts, are by Peace amongst themselves become a very great 



124 MINUTES OF THE 

People amongst you, far exceeding the Number of all the Indians 
that wc know of. 

But Avhile We are at Peace the Indians continue to make War 
upon one another, and destroy each other, as if they intended that 
none of tlieir People should be left alive, by which means you are 
from a great People become a very small People, and yet you will go 
on to destroy your selves; 

The Indians of the South, tho' they speak a different Language, 
yet they are the same People and inhabit the same Land with those 
of the North, We therefore cannot but wonder how you that are a 
wise People should take Delight in putting an End to you-r Race, 
The English being your true Friends labour to prevent this. We 
would have you strong as a part of our selves, For as our Strength 
is your Strength so we would have yours to be as our own. 

I have pcrswaded all my Brethren in these parts to consider what 
is for their Good, and not to go out any more to War, but your 
young men as they come this way endeavour to force them, and be- 
cause they incline to follow the Counsels of Peace and the Advice 
of their true Friends, your People use them ill and often prevail 
with them to go out to their own destruction. Thus it was that this 
Town of Conestogoe lost their good Kinsr not Ions asjoe, and thus 
many have been lost. Their young children are left without Parents, 
their Wives without Husbands, the old men contrary to the Course 
of Nature mourn the Death of their young, the People Decay and 
grow weak, We loose our dear friends and are afflicted, and this is 
chiefly owing to your young men. 

Surely you cannot propose to get either Riches or Possessions by 
going thus out to War; For when you kill a Deer you have the 
Flesh to eat and the skin to sell, but when you return from War you 
bring nothing home but the Scalps of a dead man who perhaps was 
Husband to a kind wife, And Father to tender children who never 
wronged you, tho' by loosing him you have robbed them of his Help 
and Protection, and at the same time got nothing by it. 

If I were not your true Friend I would not take the Trouble of 
saying all these things to you, which I desire may be fully related 
to all your People when you return home, that they may consider in 
time what is for their own Good ; And after this if any vvill be so ' 
inadly deaf and Ijlind as neither to hear nor see the Danger before 
them, but will still go out to destroy and be destroyed for nothing, I 
must desire that such foolish young men will take another path and 
not pass this way amongst our People, whose Eyes I have opened, 
and they have wisely hearkened to my Advice. So that I must tell 
vou plainly, as I am their best Friend, and this Government is their 
Protector and as a Father to them. We will not suffer them any 
more to go out as they have done to their Destruction. I say again. 
We will not suffer it for we have the Counsel of Wisdom amongst 
us and know what is for their Good, For tho' they are weak yet they 



PROVINCIAL COUNCIL. 125 

are our Bretheren, We will therefore take care of them that they be 
not misled with ill Council ; you mourn when you lose a Brother, we 
mourn when any of them are lost, to prevent which They shall not 
be sufFi^red to go out as they have done to be destroyed by war. 

My Good Friends & Brothers : I give you the same Counsel and 
earnestly desire that you will fuUow it, since it will make you a 
happy people. I give you this advice because lam your true Friend, 
but I much fear ycu hearken to others v/ho never were nor never 
will be your Friends. You knov/ very well that the French have 
been your Enemies from the Begining, and thu' they Peace with 
you about two and twenty years agoe, yet by subtle Practices they 
still endeavour to ensnare you. They use Arts and Tricks and tell 
you Lies to deceive you, and if you v/ould make use of your own 
Eyes and not be deluded by their Jesuits and Interpreters ; you 
would see this yourselves, For you know They have had no Goods 
of any Value these several yea;s past, except what h:is been. sent to 
them tiom the English of New York, and that is now all over. They 
give fair Speeches instead of real services, and as for many years 
they attempted to destroy you in War, so they now endeavour to do 
it in Peace ; For when they pcrswade you t;i go out to war against 
others, it is only that you may be destroyed yourselves, which we 
as your true Friends labour to prevent, because we would have your 
Numbers increased that you may grow strong, and that we may be 
all strengthened in ffriendship and Peace together. 

As to what you have said of Trade, I suppose the great Distance 
at which you live from us has prevented all commerce between us 
and your People ; We believe. Those who go into the Woods and 
spend all their time upon it endeavour to make the best Bargains 
they can for themselves; So on your part you must take Care to 
make the best Bargain you can with them, but we hope our Traders 
do nof exact, (Toe We thin!: that a Stroud Coat or a pound of powder 
is now sold for no more Buck Skins than formerly ; Bea^'cr indeed 
is not of late so much used in Europe, and therefore does not give 
so good a price, and We deal but very little in that Commodity. 
But Deer Skins sell very well amongst us, and I shall always take 
v'.are that the Indians be not v.ronged, but except other measures be 
taken to regulate the Indian Trade every where, the common me- 
thods used in Trade will still be followed, and every man must take 
care of himself, for thus I must do myself, when I buy any thing 
from our own People, if I do not give them their price they will keep 
it for we are a free People. But if you have any further Proposals 
to make about these affairs I am willing to hear and consider them, 
for 'tis my Desire that the Trade be well regulated to your Content. 
I am sensible Rum is very hurtful to the Indians ; we have made 
Laws that none should be carried amongst them, or if any were, 
that it should staved and thrown upon the Ground, and the'lndians 
have been ordered to destroy all the Rum that comes in their way, 

VOL. III. 



126 MINUTES OF THE 

But they will not do it, ihey will have Rum, and when we refuse h 
they will travel to the neighbouring provinces and fetch it; Their own 
Women go to purchase it, and then sell it amongst their own People 
at excessive rates. I would gladly make any Laws to prevent this 
that could be effectual, but the Country is so wide, the woods are so 
dark and private, and so far out of my sight, that if the Indians 
themselves do not prohibit their own People there is no other way to 
prevent it ; For my part, I shall readily Joyn in any measures that 
can be proposed lor so good a purpose. 

I have now,, my Friends &. Brothers, said all that I think can be 
of any service at this time, and 1 give you these things here laid 
before you to confirm my words, viz : live Stroud Coats, twenty 
pound of powder, and forty pound of Lead for each of the five Na- 
tions ; that is, twenty five Coats, One Hundred Weight of Powder 
and two Hundred of Lead in the whole, which I desire may be de- 
livered to them, with these my words in may JName and on behalf of 
this province. 

I shall be glad frequently to see some of your chief men sent in 
the name of all the rest, but desire you will be so kind as to come to 
us to Philadelphia to Visit our Families and Children born there, 
■where we can provide belter for you and make you more welcome, 
for People always receive their Friends best at their own Houses. 
I heartily wish you well on your Journey and good success in it. 
And when you return home I desire you will give my very kind love 
and the Love of all our People to your Kings and to all their People. 
Then the Governour rose up from his Chair, and when he had 
called Ghesont the Speaker to him. He took a Coronation Medal of 
the Kings out of his pocket, and presented it to the Indian in these 
words. 

That cur children when we are dead may not forget these things, 
but keep this Treaty between us in perpetual Remembrance. I here 
deliver to }ou a Picture in Gold, bearing the Image of my great 
Master the King of all the English; And when you return home I 
Charge you to deliver this piece into the hands of the first man or 
greatest Chief of all the five Nations, whom you call Kannygoodk, 
to be laid up and kept as a Token to our childrens childi en, that an 
entire and lasting Friendship is now established for ever between the 
English in this Country and the great five Nations. 



At a Council held at Philadelphia, July the £Oth, 1721. 

PUKSENT : 

The Honourable Sir WILLIAM KEITH, Bart., Governour. 
Richard Hill, Thomas Masters, 

Isaac Norris, Andiew Hamilton, Att. Genl. 

Saml. Preston. James Logan, Secretary. 

Jonathan Dickinson, 
The minutes of Council and Treaty lately held with Deputies of 



PROVINCIAL Col'NCIL. 127 

the ffive Nations at Conestogoe being read, for the Service and Sa- 
tisfaction of those who would not undertake that Journey, the Secre- 
tary reported what he had fuithcr transacted with them there, after 
the Governour left that place, as follows : 

James Logan, Secretary, further reports, that having continued at 
Conestogoe after the Departure of the Governour and the rest of the 
<'ompany, He had the next day, by the Governours approbation and 
Direction held a Discourse with Ghesaont, the Chief of those Indians 
and their Speaker Civility, the Captain of Conestogoe, and John 
Cartlidge, being Interpreters. 

That He first put Ghesaont in mind of the great Satisfaction the 
Governour had expressed to him in the Council upon their kind visit, 
and the fFrcedom and openness that had been used to them on our 
parts, and therefore advised him if he had any thing in his thou"hts 
further relating to the Friendship established between us and the 
matters treated in Council, he would open his Breast in this free 
Conversation, and Speak it without Reserve, and whatever he said 
on those heads should be reported faithfully to the Governour. 

Ghesaont then said, that he was very well pleased with what had 
been spoken. He saw the Governour and the English were true 
Friends to the ffive Nations, but as to their People going out to War, 
which Head we chiefly insisted on, the principal Reason was that 
their young men were become very poor. They could get no goods 
nor Clothing from the English, and therefore they went abroad to 
gain thera from their Enemies. 

That they had once a clear Sky and Sun Shine at Albany, but 
now all was over-cast, they could no longer Trade and get Goods as 
they had done, of which he could not know the Reason, and there- 
fore they had resolved to try whether it was the same among the 
other English Governments. 

To this the Secretary answered, That they had from the first Set- 
tlement of New York and Albany been in a strict League and 
Friendship with that Government, and had always had a Trade with 
and been supplied by them with the Goods they wanted. That it was 
true, for three or four years past the ffrench had come from Canada 
to Albany in New York, and purchased and carried away great 
part of the Goods, Strowd waters especially. Sometimes three or 
four hundred peices in a year, which the ffive Nations ought to have 
had ; but that now, another Governour being lately sent thither from 
the Great King of England, He had made a Law that the ffrench 
should not have any more Goods from the English ; That this had 
been the Reason of the Clouds and dark Weather they co;nplained 
of, but that now a clear Sunshine as they desired would be restored 
to them ; That he very well knew this Gentleman the new Gover- 
nour, that He had not long since been at Philadelphia, and at his 
(the Secretary's) House, and that he had heard him (the Corlear) 
say, He would take Care his Indians should be well supplied for the 
future, and accordingly they might depend on it. 



128 MINUTES OF THE 

Ghesaont being hereupon asked whether They did not know that 
the ffrench had for some years past had the Cloths from the Eng- 
lish, answered, that they knew very well that these English Goods 
went now in a new path, different from that they had formerly gone 
in, that they knew nut where they went, but they went beside theni 
and they could not get hold of them, tho' they much wanted them. 

The Secretary proceeded to say, that as New York and Albany 
had been their Ancienlest Friends, so they could best supply them, 
and they would certainly du it if they continued in their Duty on 
their part ; That they were sensible the Great King of England had 
a Regard for them, by the notice that He took of them almost every 
year; That all the English every where were their Friends. We 
were now very glad to see them, but wished for the future they would 
come to Philadelphia, as they formerly used to do ; that He himself 
had seen their Chiefs twice at Philadelphia, the two years that Wil- 
liam Penn was last here, and that when his son came over about 
three years after, now about seventeen years agoe, a considerable 
Number of them came down and held a great Council with us, and 
therefore he hoped they would visit us there again, which would be 
much more convenient than so far back in the Woods where it was 
difficult to accommodate them and our selves, that however we were 
glad to see them there. This they knew was a Government but 
lately settled, but that they were now going into two Governments 
that had been much longer seated and were very rich, and would 
make them exceeding Welcome ; that We saw them in the Woods 
only, at a great Distance from home, but they would see the Gover- 
nours of Maryland and Virginia at their own Towns and Houses 
where they could entertain them much better ; that they would be 
very kindly leceived, for we were all of one Heart & mind, and should 
always entertain them as our Brothers. 

Ghesa>' nt took an opportunity of himself to enter again on the sub- 
ject of their People making Peace with the other Indians on the 
Main. He said that he had in his own person laboured it to the utmost; 
That He had taken more pains to have it established than all the 
English had done ; That their people had lately made Peace with the 
Tweuchtwese ; That they had also sent some of their men to the 
fflat heads for the same purpose; That they had now an uni- 
versal Peace with all the Indians, excepting three small Nations to 
the Southward, with whom he hoped to have one concluded upon 
his present Journey by m.eans of the Governour of Virginia; That 
his own Desires were very strong for Peace as his Endeavours had 
shewn, and that he doubted not to see it established every where. He 
said the Governour had spoke very well in the Council against their 
young men going to War, yet he had not done it fully enough, for 
He should have told them positively that they should not on any 
account be suffered to go cut to War, and he v/ould have reported it 
accordingly, and this would have been a more effectual way to pre- 
vent them. 



PROVINCIAL COUNCIL. 129 

The Secretary then proceeded to treat with them about the Road 
they were to take, and it was agreed that the Chief of the Nanti- 
kokes, a sensible man, who was then present, should conduct them 
from Conestogoeto their Town on Wye River, that they should be 
furnished with Provisions for their Journey sufficient ta carry them 
among the Inhabitants, after which they were directed, as the Go- 
vernour had before ordered, that they should produce his Passport 
to the Gentlemen of the Country where they travelled, by whom they 
would be provided for ; And the Nantikokc Chief was further desi- 
red, upon their leaving the Nantikoke Towns, to direct them to some 
of the Chief Gentlemen and Officers of those parts who would un- 
doubtedly take Care of them on Sight of their Passports, and thereby 
knowing their Business have them transported over the Bay to An- 
napolis. Being further asked how they would get an Interpreter in 
Vircfinia where the Indians knew nothing of their Language, and 
some Proposals being made to furnish them, they answered, there 
Avould be no occasion for any Care of that kind, for they very well 
knew^ the Governour of Virginia had an Interpreter for their Lan- 
guage always with him. 

Provisions being then ordered for their Journey, as also at their 
Desire, some for those of their Company, who with their women and 
children were to return directly home by water up the River Sasque- 
hannah, viz : a Bagg of Bisket, some pieces of Bacon and dried Ve- 
nison ; these matters were concluded with great Expressions of 
Thankfulness for the Governours great Care of them and their Fa- 
milies, which Kindness they said they never should forget. 

The Discourse being continued, they were told it was now very 
near, viz : within one Moon of thirty seven years since a great man 
of England Governour of Virginia, called the Lord Effingham, toge- 
ther with Colonel Dongan, Govr. of New York, held a great Treaty 
with them at Albany, of which We had the writings to this day. 

Ghesaont answered, they knew it well and the subject of that 
Treaty, it was he said about settling of Lands. Being further told, 
that in that Treaty the five Nations had given up all their Right to 
all the lands on Sasquehannah to the Duke of York, then Brother 
to the King of England. He acknowledged this to be so, and that 
Wm. Penn since had the Right to these Lands, To which Civility, 
a Descendant of the ancient Sasquehannah Indians the old Settlers 
of these parts, but now reputed as of an Iroquois Descsnt, added that 
he had been informed by their Old men, that they were troubled 
when they heard that then- Lands had been given up to a place so far 
distant as New York, and that they were overjoyed when they un- 
derstood William Penn had brought them back again, and that they 
had confirmed all their Right to him. 

Divers Questions were further asked him, especially concerning 
the French of Canada, their Trade and Fortifications, on which He^ 
said, that the fTrench had three fforts on this side the River of 



130 MINUTES OF THE 

St. Lawrence, and between their Towns and Mentual furnished with 
great Numbers of Great Guns, that the ffrench drove a great Trade 
with them, had People Contanlly in, or going to and coming from 
their Towns, that the ffrench kept young People in their Towns on 
purpose to learn the Indian Language, which many of lliem now 
spoke as well as themselves ; that they had a great Intercourse with 
them, that about three hundred of their men, (viz. of the ffive Na- 
tions) were seated on the other side of the Great River, that the 
ffrench had this last spring begun to build or to provide for building 
a Fort at Niagara Falls, but they had since declined it ; he knew 
not for what Reason, and they (the ffrench^ had sent to his Town 
(the Isanandonas) this last winter a great deal of powder to be dis- 
tributed among them, but nothing was done upon it. Being parti- 
cularly asked whether the French had ever treated with them about 
any of their Land, or whether the Indians had ever granted the 
ffrench any. He answered No ! that his People knew the firench 
too well to treat with them about Lands ; They had never done it, 
nor ever granted them any upon any account whatsoever, and of 
this, he said, we might assure ourselves. Thus the Day was spent 
in such Discourses, with a Pipe and some small mixt Liquors, and 
the next morning Ghesaont, with the rest of his Company, returning 
from the Indian Town to John Cartlidge's, took their Leaves very 
affectionately with great Expressions of Thankfulness to the Gover- 
nour and this Government for their kind Reception. 

Then were laid before the Board several Accotts. of Expences of 
the Governour and Council's Journey to Conestogoe this month, and 
of the Treaty with the Indians there, but there being some Bills not 
yet given in, the Clerk is ordered to call for them, and the Secretary 
is desired to direct him in the making up and fairly stating the 
whole Accott. of the charge of that Treaty ; and likewise, that credit 
be given for the Presents received from the Indians, that so the said 
Accott. may be ready to be considered at the next meeting of th© 
Council. 



At a Council held At Philadelphia, August the 17th, 1721. 

PRESENT : 

Tiie Honourable Sir WILLIAM KEITH, Bart., Governour. 
Richard Hill, Samuel Preston, 

William Trent, Thomas Masters, 

Isaac Norris, James Logan, Secretary. 

Upon a due Consideration of the Letter from the Honourable Wil- 
liam Burnet, Esqr., Govr. of the Provinces of New York and New 
Jersey, directed to our Governour Sir Wm. Keith, bearing Date the 
17th of July last, and recommended to this Board, which he is plea- 
sed still to insist on his former Demand of three hundred and fifty 



PROVINCIAL COUNCIL. 131 

Pounds from this province, towards building of fTortifications for the 
Security of the Frontier of New York. 

It is the opinion of this Board, that their Answer already given to 
the said Demand grounded on the first of ihose Instructions from his 
Majesty, which the said Governour was pleased to transmit was full 
and plain. But since that worthy Gentlemen is pleased to insist on 
a further Answer, And it being highly conducive to his Majestys In- 
terest in these Colonies, that a perfect Harmony and good under- 
standing be kept up between all his Governments, and that his 
Subjects should be united in affection as well as Interest, to which 
End all things tending to Altercations or Contest ought most care- 
fully to be avoided ; the Board therefore, with all due Respect and 
Deference, take Leave to observe by way of further Answer to the 
Demand aforesaid. 

That the first of these Instructions which have been communica- 
ted to them, viz : that numbred 91, begins with and contains nothing 
but pure Recitals to these Words at the Close of it, viz : " You are 
therefore to inform yourself what has been done, and what remains 
further to be done, and to send an account thereof to us and our 
Commissioners for Trade & Plantations as aforesaid," which Lines 
contain the whole directive part of that Instruction, and therefore 
nothing further ir required by it of the Governour that what is so 
directed. 

That the last Recital in that first Instruction, beginning with these 
words : " And whereas, We thought fit to direct that you signify to 
our province of Nova Cresarea," is a mistake in the Clerks in continu- 
ing to apply to the present as well as some former Govrs. what could 
be said properly, only of one of his predecessors, Governour of New 
York, before New Jersey was brought under the immediate Gov- 
ernment of the Crown, will be very plain to all those who are 
acquainted with the Transactions of those Times in Relation to that 
Government. 

And the next Instruction, numbred 92, being only a Direction to 
the same Governour to recommend what is there mentioned to the 
Council and Assembly of New York, has therefore no Relation to 
this or any other Colony. 

The Board further observes, that in the Body of the Recitals in 
the first of these Instructions, it is said, " That orders v/ere given 
" by King William the Hd, by Letters under his royal Sign Manual, 
" directed to their Governours of divers of the Plantations, to recom- 
" mend to the Councils and General Assemblies of the said Planta- 
*• tions, that they respectively furnish a proportionable Summ towards 
" the fTortifications, <kc." By which it appears at this Day, that at 
first, (viz. about 25 years agoe) the Demand was made by King 
William's particular Letters under his Signet, directed to each re- 
spective Governour. yet in no other manner than tha they should 
recommend it to their Councils & Assemblies. 



132 MINUTES OF THE 

This Demand therefore having been made by the King's own Let- 
ters directly to the respective Governours, in a manner perfectly 
agreeable to an English Constitution, and not by authorizing any 
other Governour or Person to make such Demand, except in the 
Case of Jersey, whose Governour was not then acknowledged by 
the Crown, and the Governour of New York being in most plain 
Terms directed only to inform himself what had been done therein, 
&c. ; this Board therefore has Reason to continue of the same opi- 
nion. That their former Answer to this Demand was clear and full 
to the point, and that the several former Governours of New York, 
for about these twenty years past, were of the same opinion, viz : 
that they were not directed to make any such Demands may reason- 
ably be conceived, because tho' every one of them (as this Board has 
been credibly informed) has successively the same Instructions ; yet 
not one of them in that space, notwithstanding their administration 
fell in the time of a very sharp War with France and its subjects, 
ever made it on this province, or any other that we have heard of. 

As to the next Instruction, viz : the 93, Requiring a Quota of 
men from each of the Colonies on the Continent North of Carolina, 
and among the rest of eighty men from this Province, for the Defence 
of the Frontier of New York in case of an Invasion, of which In- 
struction the said Governour is now pleased to add a Copy to the 
two formerly sent, as a Proof beyond Dispute of his having a Right 
to make the aforesaid Demands ; this Board cannot conceive that it 
either adds too or diminishes from the Intention of the Directions in 
the preceding Instructions, tho' it really in itself authorizes the Go- 
vernour of New York, as occasion requires, to call for the said 
quota. But hereupon this Board must, with all due regard to their 
superiors crave leave to observe, That this Instruction seems to be 
no way suitable to the present circumstances of afiairs on this Conti- 
nent, and that being first drawn so many years ago, 'tis to be admired 
that it should have been still continued ; For besides that the manner 
of the Indians is to make their marches so private to attack so sud- 
denly, and to retire so quickly after the mischief is done, that assis- 
tance from men Avho have vast Tracts of Woods, and most difficult 
Ways & Waters to pass through, could scarce ever come early 
enough to be of any service against such Indian Invasions. Besides 
this We say, the situation of the English and ffrench affairs on this 
main are so much altered, since the time that Instruction was first 
deemed necessary, that they now require to be considered in a very 
different manner; Canada was then the only settlement of the ffrench 
in these parts, but now Louisiana, cultivated by the greatest applica- 
tion of that Nation, and peopled by the transportation of vast num- 
bers of their subjects at the expense of an immense publick stock, 
spreads itself round and threatens all these Colonies with a formidable 
Power behind us. Carolina, Virginia, Mary Land & Pennsylvania, 
are now equally concerned with the more Northern provinces to 
guard against the Danger; therefore as what was first proposed by 



PROVINCIAL COUNCIL. 133 

this Instruction was considered by the several Governments to which 
King William's Letters were directed, as impracticable ; So now, 
even the first Reason of it ceases, and therefore cannot ('tis concei- 
ved) be rationally urged for any such contribution ; For every Gov- 
ernment will naturally first consider their own Security, and 'tis 
reasonable that if one Colony assist another when in danger, that 
other should return their assistance to the first when occasion re- 
quires it. 

But as Governour Burnet very justly observes in his Letter, it may 
happen their whole Force may be wanted (or their own Defence, and 
then it will in vain be expected. 

The great Concern that worthy Gentlemen expresses for this pro- ■ 
vince, and his Desire that his Letter should be laid before this Board, 
arises ('tis supposed) from his Inclination to be doing good every 
where ; And not only this Board, But the whole province we hope 
will make all grateful acknowledgements for every Favour or ser- 
vice that he intends us. It will undoubtedly (as has been already 
iaoted) be for the interest of his Majesty and all his subjects on this 
Continent, that there should be the most friendly Disposition in all his 
Governments towards each other, 

'Tis what this Board covets on their part, for themselves and the 
whole Province. We are at present sensible of our Happiness under 
our Governour, and have Reason to hope that as He is entrusted by 
his Majesty with the Care of the Colony, and the Inhabitants cannot 
be ignorant of what may most conduce to their own security, all the 
parts of the Government will concur in considering the necessities of 
their own affairs as they may from time to time emerge, and be ever 
ready to express a due sense of gratitude for every Favor they shall 
receive from Abroad at the hands of their well wishers. 

Upon Consideration of the Petition of one John Grist, Prisoner in 
Philadelphia Gaol, who having, with divers other persons, settled 
himself and Family and taken up Lands on the other side of Sas- 
,]uehannah River, within the Limits of this province, without 
any Warrant for the said Lands from the Commissioners of Proper- 
ty, or any other legal Right to the same, And having for 

passed audaciously presumed to continue himself in the possession 
of the said Lands in Contempt and Defiance of the repeated 
Orders of the Commissioners of Property, signified to him by the 
Secretary of this province, one of the said Commissioners ; And 
Complaint having been made to the Governour by the Indians at 
Conestogoe in July last, of divers Abuses they had received from 
the said John Grist, &;c., the Governour, with the Advice of some ot 
the Commissioners of Property then with him at Conestogoe, Judged 
it absolutely necessary for the Quiet of the Indians, and also to pre- 
vent such audacious Behaviour in Contempt of the Authority of this 
Governmt. for the time to come, by a Warrant under his Hand and 
Seal, to direct John Cartlidge, Esqr., one of his Majestys Justices of 

12 



134 MINUTES OF THE 

the Peace residing at Conestogoe, to warn and admonish the said 
John Grist & his Accomplices forthwith to relinquish the said Lands 
whereof they had taken Possession, without the least Colour of Right 
or Title thereto, and in case of their Refusal, the Governour by his 
said Warrant, did further require the said John Cartlidge to raise 
the Posse Comitatus, and to burn and destroy their dwelling Houses 
and Habitations, the first part of which said orders having been ex- 
actly observed and Notice given, the said persons to remove them- 
selves accordingly. Nothwithstand whereof. They still refusing 
to shew any Regard to the Governours orders, or to remove them- 
selves from off the said Lands, the Indians did thereupon destroy 
some of their Cattle ; Whereof, the said John Grist coming to com- 
plain to the Governour at Philadelphia, the Governour being Just 
then going out of Town remitted him with his Complaint against the 
Indians to the Secretary, before whom behaving himself in a very 
insolent seditious manner, the Secretary, with the advice of the At- 
torney Genl. committed him to Gaol for want of Security to be forth 
cominor when required, and for the good behaviour. 

The Board, in Compasion to his poor Family, is pleased to order 
That Leave be given the said John Grist to carry off his corn now 
on the ground; And that upon his cntring into a Recognizance for 
one hundred pounds, conditioned for his immediate Removal from 
off the said Lands, and for his good Behaviour for twelve months. 
He be forthwith discharged and set at Liberty, paying his fees. 



At a Council held at Philadelphia, August the £lst, 1722.- 

PRESENT : 

The Honourable Sir WILLIAM KEITH, Bart., Governour. 
Richard Hill, Thomas Masters, 

William Trent, Andrew Hamilton, Att. Genl., 

Samuel Preston, James Logan, Secretary. 

Anthony Palmer, 

Two Bills sent up this Day from the House of Representatives, 
viz : An act for preventing Accidents that may happen by Fire, and 
An Act to prevent the Killing of Deer out of Season, were severally 
read at the Board, to which divers amendments were made and or- 
dered to be sent down to the Assembly, together with the said Bills. 

John Grist being sent for from Gaol, came in Custody of the 
Keeper, and in presence of the Governour and this Board, acknowl- 
edged himself to owe unto our Soverign Lord the King, his Heirs & 
Successors, the Summ of two hundred pounds, to be levied of his 
Goods & Chattels, Lands &, Tenements, Sub Conditione. 

That if the said John Grist shall be of good Behaviour, and well 
& uprightly behave himself towards our Sovereign Lord the King's 
Majesty, and all his Liege People, for the space of twelve months ; 



, PROVINCIAL COUNCIL. 135 

And shall remove himself & ffamily from his late Settlement on the 
other side of Sasquehannah River, vithin the space of one month 
from this Day, And shall appear before the Governour and Council 
of this province, at any time within twelve months, upon Notice 
given to him in Writing, or left at the place of his Habitation or 
usual Abode, Then this Kecognizance to be void, or else, &c. 

Whereupon, the said John Grist beuig first severely reprehended 
by the Governour for his past Contumacy and insolent Behaviour, 
and admonished to behave himself civilly and respectfully for the 
future, was discharged, pajing his fees. 



At a Council held At Philadelphia, August the 25th, 1721. 

PUESEXT : 

The Honourable Sir WILLIAM KEITH, Bart., Governour. 
Samuel Preston, Thomas Masters, 

Colo. Jno. fFrench, James Logan, Secry. 

The Governour in Council having considered two Bills sent up to 
him this Afternoon, from the House of Representatives, viz : 

An act for vesting the Lands and Letts commonly called the Lands 
of the free Society of Traders in Pensilvania, in Trustees, to be sold 
for the payment of such Summs of money as were paid into the 
publick Stock of the said Society, for purchasing the said Lands and 
Letts, and carrying on the Trade designed by the said Society ; and 
An act to regiilate the well tanning and currying of Leather. 

Is of opinion. That the Bill for sale of the Society Lands being a 
private Bill, whereby the particular Estates and Properties of many 
persons are to be conveyed and disposed of out of the common 
course of the Law, for the advantage of a few, it ought to be care- 
fully examined by every part of the Legislature. 

That it does not appear to the Governour who are the parties con- 
>-erned in promoting of this Bill, nor what Interest they really have 
in the original Stock of the sd. Society or Company ; So that tho' a 
(Considerable time is given to persons living at a Distance for putting 
in their Claims, yet many of these Titles may be and probably now 
are in the hands of Orphans or Minors. And should any such per- 
sons happen to be hereafter deprived of their just Rights, and totally 
excluded from any further Pretensions by virtue of such an Act as 
this, the Governour cannot but think it would bring a very great 
Reproach upon the present Legislature of this province, for which 
He is perswaded the House will always have an equal Regard with 
himself. 

Moreover the Governour observes, that the Narrative of this Bill 
begins with these words : " Whereas it has been represented to this 
Assembly," but the Governour thinks it would have been more 



1S6 MINUTES OF THE 

suitable to the Nature of the Business, if it had been rather said. 
" Whereas it has been made appear to this Assembly, by such an'd 
such incontestible proofs and Evidence, &c.," and by application of 
such and such being the majority of those concerned. Lastly, The 
Governour looking upon himself to be an essential part of the Ge- 
neral Assembly of this province, and no Application having as yet 
been made to him of any sort with Relation to the purport and Con- 
tents of this Bill. He cannot in his Duty and Conscience give his 
assent to any such Law, before the several Evidences, Facts and 
Circumstances upon which the Equity and Justice of this Bill must 
depend, have been fairly made out and laid before him. 

As to the other Bill for regulating the Tanning and currying of 
Leather. 

Considering the Importance of it, and how many Sorts of People 
are to be affected by it, it appears not to have been sufficiently di- 
gested to be passed by the Governour into a Law as it now is, and 
if the Assembly are bent on ending this Session to morrow, 'tis 
conceived it will not be practicable to give it such amendments as 
even the Language of it may require, besides that the Governour 
must crave some longer time to consider the things themselves that 
are intended to be provided for or against by such an act. 

But before another Session of Assembly, the Governour designs 
to examine both these Bills more carefully and fully than can at pre- 
sent be expected from him. And as soon as he can be satisfied that 
they are just and reasonable (as he hopes they will be both found) 
in their Nature and Design. He may recommend them to the next 
meeting of Assembly that they may then be fully enacted. 



At a Council held At Philadelphia, October the 4th, 172 L 

PRESENT : 

The Honourable Sir WILLIAM KEITH, Bart., Governour. 
Richard Hill, Jonathan Dickinson, 

William Trent, James Logan, Secretary. 

The Governour laid before the Board the several Returns of Co- 
roners & Sheriffs elected this present year, for the respective Coun- 
ties of this Province, and desired the advice of the Members present 
in his Nomination, Who all agreed that the persons first named in 
the said Returns be appointed for the offices for which they are 
elected respectively. Accordingly, the Governour is pleased to 
order that Commissions be forthwith prepared for the said persons, 
viz : for Owen Roberts to be SherifTof the City and County of Phi- 
ladelphia, and Merrick Davis to be Coroner for the same ; for John 
Taylor to be SherifTof the County of Chester, and Robert Barber 
Coroner of the said County ,• for John Hall to be Sheriff of the 



PROVINCIAL COUNCIL. 137 

County of Bucks, and Wm. Atkinson Coroner of the same ; tlie 
Sherilfs first "ivin? Security in the Rolls office as the Law directs. 



At a Council iield at Philadelphia, October the 16th, 1721. 

PRESENT : 

The Honourable Sir WILLIAM KEITH, Bart., Governour. 
Richard Hill, Thomas Masters, 

Jonathan Dickinson, James Logan, Secretary, 

Anthony Palmer, 

The Representatives of the ffieemen of this province elected on the 
Second instant, (the first being Sunday) having met in Assembly on 
the 14th, in pursuance of their Charter and the Law in that Ca^-e 
provided, were ordered to attend the Governour this morning in 
Council, and presenting themselves accordingly, Jeremiah Langhorn, 
Esqr., addressing himself to the Governour in the Name and Behalf 
of the Assembly, acquainted him, That the House of Representa- 
tives had been pleased to make Choice of him from among divers 
others more worthy of that Honour, to be their Speaker, but prayed 
the Governour would consider his great Incapacity, and that He would 
please to desire the House of Representatives to make choice of an- 
other of their Number belter qualified than himself for that office. 

The Governour answered, That He had always found the House 
of Representatives the best Judges in the Choice of their Speaker, 
and that the Gentleman now presented to him by the House for his 
approbation in that Station, had acquitted himself with such general 
applause in S') many former Assembly's that He had good Reason to 
believe him to be a person fitly qualified for that office, and therefore 
could not but very heartily approve of the Choice which the House 
had made of him for their Speaker. 

Then the Speaker addressing himself to the Governour, in the 
Name of the House, desired, 

That the Governour would grant the Members of Assembly free 
access to his presence when sent to him by the House. 

That He would protect them in all their privileges as an Assem- 
bly. 

And that He would be pleased to put the most favourable Con- 
struction on all their proceeding ; All which being promised by the 
Governour on his part, He delivered himself in a Speech to the As- 
sembly, as follows. 

Mr. Speaker & Gentlemen of the Assembly : 

I have had such good Success with former Assemblies, and I meet 
with such hearty Wellcome and kind Entertainment wheresoever 1 

VOL. III. 



133 MINUTES OF THE 

happen to go in the Country, that I think I may surely depend on 
the Love and affections of the People whom you represent, and con- 
sequently on your Esteem; I cannot therefore, but understand the 
the Change which I perceive the Country has made this year of 
their former Representatives, to proceed chiefly from the just opinion 
they have conceived of my hearty Inclinations to grant them any 
thing in my power which can contribute to their further Ease &• 
Happiness, wherein I do assure you They shall not be disappointed. 
But I hope those will, (if there be any such) who vainly imagine or 
expect, that this Change was intended to straiten the Governour with 
unreasonable Demands and a narrow Support. 

It is obvious to every honest well meaning man, That the Duties 
and obligations between any People and their Governour are reci- 
procal, and wholly consist in doing such offices to one another as 
proceed from a natural Goodness or Humanity ; Which, tho' it com- 
prehends all the Moral Law, yet is easily to be applied and prac- 
tised in any Case, by every man that does not oppose and struggle 
with the Dictates of his own Conscience. This is that Simplicity 
or Rectitude of mind which is so frequently opposed in Scripture to 
the Wisdom of this World; And as it is the poor man's greatest Or- 
nament, So We may observe, it generally attends those who have no 
other Ambition but quietly to possess and enjoy the Fruit of honest 
Industry &; Labour. 
Gentlemen : 

I cannot doubt but my daily Endeavours to secure to you a quiet 
and orderly Administration of Justice at Home, as well as to promote 
the Credit and Reputation of this Colony Abroad, must be very ac- 
ceptable to the People in general ; And if it be so, I hope you will 
have some Regard to the extraordinary Charge and Expence of my 
last years Services, for which I am left to depend entirely on your 
Justice and Gratitude. 

Most certainly, the Governour's true Interest and the Honour & 
Reputation of an Assembly will always be found inseperable; And it 
is to be hoped that your unanimous Resolution at the Opening of this 
Session will demonstrate them to be so, because this will render you 
it once easie amongst your selves and effectually stop the mouths of 
Gainsayers. 

I shall conclude with assuring you of my Readiness not only to 
concur, but to assist you in every thing that can be proposed for 
the publick Good, And your Flouse may depend on my authority to 
nipport them in all their just Rights and Privileges. 

The Speaker receiving a Copy of the Speech the House withdrew, 
ind the Council broke up. 



PROVINCIAL COUNCIL. 139 

At a Council held At Philadelphia, November the 23d, 17iiL 

PRESENT : 

The Honourable Sir WILLI \M KEITH, Bait., Governour. 

Richard Hill, Jonathan Dickinson, 

Isaac Norris, Thomas Masters, 

Samuel Preston, James Logan, Secry. 

Upon Consideration of a Petition, signed by a considerable Num- 
ber of Inhabitants of Chester County, in behalf of themselves and 
others, setting forth, 

That Whereas by an Order of the Justices of the County Court of 
Chester, a new Road has been lately directed to be laid out and 
cleared in the High Way to Conestogoe, which new Road departs 
from the old one at Perkin's House, and cutting the same again a 
little above Brandy Wine, runs all along through uninhabited and 
unsettled Lands quite up to the Palatine Settlements on this side Co- 
nestogoe ; And whereas. They humbly conceive, That by an Act of 
Assembly of this province all the Kings Highways or publick Roads 
are to be laid out by order of the Govr. and Council, And they find- 
ing themselves likely to be aggrieved not only by the great Charge 
and Trouble which must attend the clearing and supporting of two 
Roads, but also by the Discouragement which will thereby be given 
to sevl. good Settlements upon the old Road, already well provided 
with all things necessary for the accommodation of Travellers. » 

The Petrs. humbly desire and hope, that the Governour and his 
Council will be pleased to give such Direction and Relief in the pre- 
mises as shall to them seem most meet. 

Sign'd by Isaac Malin, Thos. Paschall, Wm. Paschall, Thos. Pas- 
chall, Edwd. Kenison, James Thomas, Wm. Cundall, Wm. Thomas, 
John Spruce, and about thirty psons more. 

The Board not being satisfied whether the laying out this Road 
complain'd of, be legally in the power of the Court of Quarter Ses- 
sions of the said County, within the meaning of an Act of Assembly 
of this Province, whereby the Justices in each County are empowered 
to lay out and confirm piivate and By Roads, but not any of the 
Kings Highways and public Roads ; And being likewise unwilling 
wholly to annul or reverse any Orders of the said Court, without a 
previous Hearing and Examiuation of the Case on both sides. It is 
Ordered, That the Road now and heretofore used leading from Phi- 
ladelphia to Conestogoe, through the Townships of Meirion and 
Radnor, and laid out by the authority of this Government as far as 
Thomas Moore's Mill, on Brandy Wine River or Creek, be deemed 
the Kings Highway and public Road, And that all former Orders of 
the Justices of the said County, for laying out and clearing the said 
new Road now complained of by the Petitioners be for the present 
Superseded; And also that they forbear to issue any further Orders for 
that purpose, untill it be made appear to this Board that the same is 



HO MINUTES OF THE 

properly in the power of the Quarter Sessions by virtue of the Act 
of Assembly aforesaid; And upon timely Notice given, this Board 
will be ready to hear and judge of the Reasons to be offered by the 
said Justices in Support of their Right to order the laying out the said 
Road, and also the objections of the said Petitioners against the same; 
And it is ordered that a Copy of this Minute be delivered to the said 
Justices at their next General Quarter Sessions of the Peace, that 
they may govern themselves accordingly. 

The Governour acquainted the Board, That as they were all sen- 
sible He had, with their Advice and Approbation, in pursuance (as 
He had understood) of the late Proprietor's Inclinations when here, 
ever since his Administration, observed some kind of an Equality or 
Proportion in his appointment of the subordinate officers of Govmt., 
between those who profess themselves Members of the Church of 
England and the People called Quakers; He had no Reason to doubt 
but the Board was well satisfied the same method should be observ- 
ed in the Council. 

That some Church men, members of this Board, residing for the 
most part in the Country, and others of the same persvvasion being 
irequently absent upon their private affairs, insomuch that it still 
continues difficult to get a Council together upon any occasion with- 
out a long previous Notice. He had some time agoe made mention 
to most of the members now present of Henry Brooke, Esqr., Collec- 
tor of his Majestys Customs at Port Lewis, within this Government,, 
and of late a useful magistrate in the County of Sussex, as a fit 
person to supply the place of Jasper Ycates, Esq., a member of this 
Board, lately deceased ; To which the Governour was more particu- 
larly induced from this Consideration, that it has been usual, and is 
still expected by the Inhabitants of the lower Counties, that there 
should always be at least two members in the Council from those 
Counties ; Wherefore, He now proposes that with the Consent of this 
Board, the said Henry Brooke should be admitted a member thereof. 

All the Members present being sensible of Mr. Brooke's great 
Knowledge, Ability and Worth, unanimously agree that He be ad- 
mitted accordingly as soon as the Governour thinks fit. 



At a Council held At Philadelphia, January the 19th, 1*21. 

PRESENT : 

The Honourable Sir WILLIAM KEITH, Bart., Govr. 
Richard Hill, Jonathan Dickinson, 

Isaac Norris, James Logan, Secretary. 

Samuel Preston, 

Henry Brooke, Esqr., took and subscribed the several Oaths 
and Qualifications by Law, required to be taken by persons bearing 



PROVINCIAL COUNCIL, 141 

public offices in England, also the Oath of a Counsellour for thi& 
Government, after which Ho took his place at the Board ; Upon a 
motion made, that Andrew Bradford, Printer, he Examined before 
this Board concerning the publishing of a late Pamphlet, entituled 
" Some Remedies proposed for the restoring the Sunk Credit of the 
Province of Pennsylvania,*' as also of the Weekly Mercury of the 
2d of January instant, the last paragraph whereof seems to have 
been intended as a Reflection upon the Credit of this province ; it is 
ordered That He, the said Printer, have Notice to attend this Board 
at the next meeting of Council. 

The Board proceeded to consider two Bills sent up from the HousO' 
of Representatives, viz ; " An act for laying a Duty on Wme, Rum^ 
Brandy and Spirits, Melassoes, Cyder, Hops and Flax, imported, 
landed or brought into this Province ; and An act for laying a Duty 
on Negroes imported into this province, and agreed upon several 
amendments to the said Bills, which were ordered to be sent down to 
2he Assembly. 



At a Council held At Philadelphia, February the 1st, 1721. 

PRESENT : 

The Honourable Sir WILLIAM KEITH, Bart., Governour, 

Richard Hill, Andrew H'amilton, Att. Genl.. 

Isaac Norris, Henry Brooke, 

Saml. Preston, James Logan, Secretary. 
Jonathan Dickinson, 

A Petion from divers Inhabitants on the South Side and adjacent 
to the River Schuylkill, in this province, having in the year 1720 
been presented to the Assembly, setting forth. That they the said 
Inhabitants had formerly been and then were i-ated in the County o!' 
Philadelphia, and yet were at that time called upon to pay their 
Rates to the County of Chester, no Division Line being run between 
"the said Counties, and therefore praying that such a Line might be 
nm, the said Petition was, by an Order of the House of the 4th of 
May, in the said year, referred to the Consideration of the Governour 
and Council for the Petitioners Relief, and at a Council held on the 
8th day of June following, by order of the Board, the Secretary was 
directed to inquire of the Situation and Case of the Petitioners, and 
report his opinion thereupon to the Board. And Warrants from the 
Commissioners of both the said Counties, together with their respec- 
tive Taxations of the said Inhabitants in both Counties, to their great 
Oppression, being now produced to the Board, the Secretary was 
called upon to make his Report in pursuance of the aforementioned 
Osder. 

Accordingly the Secretary reports, That He has not been able to 



142 MINUTES OF THE 

find out any authenlick Act or order by which the said Counties 
have been divided, but that He finds, At the first Settlement of the 
■Country under the Proprietor, the Creek or Run on this side of Dar- 
by, called Cobs Creek, made the first Division of those Counties in 
the lower parts towards the River Delaware, as far back from the 
said River as Haverford township ; That in the printed Maps there 
is laid down from thence a prick'd Line for the Division of those 
Counties by the side of Haverford Township, departing from the 
said Cob's Creek to the Eastward, and again above the sd. Town- 
ships, taking another Turn further to the Eastward to leave John 
Holland's and some other Lands on the side of Radnor Township to 
Chester County ; And that thence the same Line is continued from 
thence streight to Schuylkill, dividing Lcetitia Penn's Manner almost 
in the middle and laying part of it to each County ; That He is ap- 
prehensive This was done arbitrarily by the Surveyor General with- 
out any authority for the same at the time the Map was made, and 
that in his Opinion it would have been more regular to carry the 
Division Line along the side of Radnor and the upper part of that 
called the Welch Line, laying all those Tracts called Mannors to 
Philadelphia County, as in all appearance they were at first intended 
hy the Proprietor ; That He finds most of the Petitioners past over 
Schuylkill from the Settlements on the Eastern Side of it, which 
were considerable before there were any of note on the Western Side 
so high up that River, and accounting themselves to be still in Phi- 
ladelphia County, as they had been before they passed the River^ 
they were accordingly taxed in the township formerly called Maha- 
natawny but now Amity Township, there being no practicable Road 
nor convenient Communication between those parts and Chester ,: 
That this is what He can as yet discover relating to that affair, which 
he humbly submits to the Board, with his Opinion, that this matter 
ought without Delay to be further Settled. 

And the case of those Inhabitants, with this Report, being taken, 
into consideration by the Board, It is their unanimous Opinion, That 
untill this matter can be more fully and effectually settled, the Com- 
missioners and Assessors of Chester County should forbear to claim 
those Inhabitants, who being settled on or near the Western Side of 
Schuylkill have hitherto been reputed part of Amity Township, and 
as such have been and are taxed in the County of Philadelphia, and 
that the said Inhabitants be permitted to pay their Taxes and do all 
other Duties to the County of Philadelphia as formerly, without any 
further molestation from the County of Chester, or any officers by 
authority of the Court or Commissioners of the said County. 

And the Clerk is ordered to transmit a Copy of this Minute to the 
Commissioners of the said County, for their Direction in the pre- 
mises. 

The Board being informed that Andrew Bradford, the Printer, 
attended according to order. He was called in and examined con- 
cerning a late Pamphlet, entituled " Some Remedies proposed for 



PROVINCIAL COUNCIL. 14S 

restoring the Sunk Credit of the Province of Pennsylvania j" Where- 
upon, He declared that He knew nothing of the printing or publishing 
the said Pamplet ; And being reprimanded by the Governour for 
publishing a certain paragraph in his News-Paper, called the Ame- 
rican weekly Mercury of the 2d of January last, He said it was inser- 
ted by his Journey -Man, who composed the said Paper, without his 
Knowledge, and that He was very sorry for it, and for vvhich he 
humbly submitted himself and ask'd Pardon of the Govr. and the 
Board ; Whereupon, the Governour told him, That He must not for 
the future presume to publish any thing relating to or concerning the 
Affairs of this Government, or the Government of any other of his 
Majestys Colonies, without the permission of the Governour or Secre- 
tary of this province, for the time being, And then He was dismissed 
and the Council adjourned. 



At a Council held At Philadelphia, March the 6th, 172,1. 

PRESENT : 

The Honourable Sir WILLIAM KEITH, Bart., Govr. 

Richard Hill, Andrew Hamilton, Att. GenL, 

Isaac Norris, Henry Brooke, 

Jonathan Dickinson, James Logan, Secretary. 
Colonel John ffrench, 

The Governour acquainted the Board, that He had been surprized 
this morning with an imperfect Relation from one Richard Lang- 
don, a Butcher, lately came from Conestogoe, of the sudden Death 
of an Indian at one of their Towns a considerable way above Co- 
nestogoe, occasioned (as it is said) by one or more Blows given him 
by John or Edmund Cartlidge, or both of them ; That tho' the Go- 
vernour had not received any certain Advice of the Truth or Cir- 
cumstances of this unhappy Accident by any Express Message from 
Conestogoe, yet the said Richard Langdon having had his informa- 
tion from sundry persons of Credit near Conestogoe, and being de- 
sired by some of them to give Notice of it to the Governour, gives 
the Governour some Cause to fear the Truth of what is now so con- 
fidently every where reported ; He had therefore thought it necessarv 
upon the first Notice given him, that the Council of the Province 
should be immediately acquainted with the whole circumstances of 
this matter, as far as can yet be discovered here, that He might con- 
sult with them of the most proper measures to be taken upon so ex- 
traordinary an occasion for preserving the Peace of the Province ; 
He had therefore ordered the said Richard Langdon, and one David 
Robeson, a Blacksmith, near Perquyomen, (who had also received 
some Intelligence of this matter in the Country,) to attend the Board 
at this time, Who were accordingly severally called in an examined 
upon Oath. 



144 MINUTES OF THE 

Whereby it appeared to the Board, that there is just Cause to be- 
lieve that an Indian is actually dead, And from the Accounts the said 
Deponents give, there is Ground enough to suspect that the said 
John or Edmund Cartlidge, or both of them, have been some way 
or other instrumental in or accessary to his Death. It is therefore 
the unanimous opinion of the Board, that it is of absolute Necessity 
that some person or persons of Integrity, Reputation and Ability, be 
forthwith dispatched to Conestogoe with full powers to make Inquiry 
into this matter, and upon just Cause of Suspicion to commit any 
person or persons accessary to the Death of the said Indian, and ge- 
nerally to dispatch such messages and take such other Measures 
which they shall judge necessary to secure the publick Safety and 
Tranquility of the Government. 

Accordingly at the Request of the Governour and the Board, the 
Secretary and Colonel ffrench agreed to undertake a Journey to Co- 
nestogoe for the negotiating of this affair ; And it is ordered, that a 
Commission and Instructions be prepared for the said Gentlemen, 
betwixt and to morrow morning, to be laid before the Council for 
their Approbation. 

In the mean time it is judged convenient, that the Assembly now 
Sitting be acquainted with the Accounts the Governour has received 
of the matter, and with the proceedings of this Board thereupon; And 
that the Govr. will please to move them by a Message, to pass a 
vote for making Provision" to defray the Charge of such unforseeii 
Negotiations with the Indians, which 'tis conceived will be the most 
effectual and Cheapest way to preserve their Friendship, and to quell 
any Disturbances which hereafter may possibly happen upon any 
such extraordinary Events. 

The Secretary moved, and it is ordered to be Entered as a Rule 
upon the Minutes of this Board, That because of the difficulty in col- 
lecting the several opinions of the Members, and putting their Reso- 
lutions in a Proper Form and Method while the Council is a silting ; 
That therefore, the Minute of the preceeding Council shall always be 
examined and approved by the Board, at their next meeting, befors- 
the same be entered upon the Council Book. 



At a Council held At Philadelphia, March the fth, 1721. 

PRESENT : ; 

The Honourable Sir WILLIAM KEITH, Bart. Govr. 

Richard Hill, Thomas Masters, 

Samuel Preston, Andrew Hamilton, Att. Genl. , 

Jonathan Dickinson, Henry Brooke, 

Colonel John ffrench, James Logan, Secretary. 

The Minute of yesterday's Council was read and approved ; After 
which the Governour communicated to the Board the Message which 



PROVINCIAL COUNCIL. 145 

He had sent along with the said Minute to the House of Representa- 
tives, together with the Resolution of the said House thereupon, being 
as follows : 

Resolved N. C. D., That the Thanks of this House be given to 
the Governour for the Care he has already taken in the above atiair, 
and that He be desired to use the naost expeditious method possible, 
that the persons concerned in the Fact may be apprehended, in order 
to be brought to Justice, And that this House will cheerfully defray 
the necessary Charge that shall accrue on the prosecution thereof. 

The Attorney General presented the Draught of the Commission 
to the Secretary & Colonel French ordered yesterday to be prepared, 
which with some Amendments was approved, and ordered to be en- 
grossed immediately and sealed with the Great Seal ; Also, a blank 
Commn. for a Coroner was ordered to be given the said Gentlemen 
to be employed by them in the Service they are now going upon, as 
they shall have occasion or judge necessary. 

The Governour drew up some Instructions foi" the said Gentle- 
aiens better Direction in this Service, which with some Additions 
were approved by the Board, and ordered to be engrossed and sealed 
with the Lesser Seal of the province. 



At a Council held At Philadelphia, March the 21st, 1721. 

present; 

The Honourable Sir WILLIAM KEITH, Bart., Governour. 

Richard Hill, Thomas Masters, 

Isaac Norris, Andr. Plamilton, Att. Genl., 

Samuel Preston, Henry Brooke, 

Jonathan Dickinson, James Logan, Secretary. 

Colo. John French, 

The Governour having been in the Country at the Time of tiie 
Secretary & Colo. ftVench's Return from Conestogoe, upon Notice of 
their Arrival at Philadelphia came to Town last night, and now ex- 
pressed his satisfaction to see the said Gentlemen returned from their 
Journey, and desired them to inform the Board of their proceedings 
in executing the Commission & Instrucons they had received; Where- 
upon, the Commissioners delivered their Report in Writing, which 
was read, and is as follows. 

To the Honourable Sir William Keith, Bart., Governour of the 
province of Pensilvania and Counties of New Castle, Kent & Sussex 
upon Delaware, and the Council of the same. 

The Repsrt of James Logan & Colonel John French, of their Exe- 
cution of a particular Commission to them directed. 

13 



^ 146 MINUTES OF THE 

May it please the Governour ds Council : 

Pursuant to the Instructions given us by the Governour, We set 
out from Philadelphia for Conestogoe on the 7th Instant, as soon as 
our Commission was delivered to us, and the next Day meeting with 
the High SheritTof the County of Chester, according to an appoint- 
ment made vvith him. We sent him with a proper Warrant before us 
for a greater Dispatch, to apprehend the two Brothers John & Ed- 
mund Cartlidge, who were reported to have con^mitted the fact which 
occasioned our Journey. On the 9th, in the afternoon, We came to 
John Cartlidge's House where we found himself in the Sheriffs Cus- 
tody, Edmund Cartlidge was then over the River Sasquehannah 
waiting with a Gang of Horses, as we were informed, for his Brother 
to joyn him to proceed on their Business of Trade towards Patow- 
meck ; But on our informing John of the Necessity there was of our 
seeinor his Brother, he was prevailed on to send for him the next 
day, and accordingly he came. The same morning, we dispatched 
a Messenfrer to summon Peter Bizaillon, who lives about 56 miles 
higher upon Sasquehannah, to attend us as Interpreter between us 
and the Indians, but He having no Horses at home, and being far 
from Neighbours, he could not get down till the fourth Day after 
the Messenger set out, viz.: till the 13th in the afternoon. 

Soon after our first arrival at Conestogoe We gave the Chiefs of 
the Indians Notice of our Business, and upon Peter Bizaillon's co- 
ming. We appointed a meeting with them next Morning ; Accord- 
ingly, We met with the Chiefs of the Mingoc or Conestogoe Indians, 
of the Shawanese & Ganaweso, and some of the Delawares in Coun- 
cil, in which We spoke to them in the following Words, interpreted 
by Sentences, first from our Language into Delaware Indian by 
Peter Bizailion, who took an Oath faithfully to interpret between us 
and the Indians, and afterwards the same was interpreted into the 
three other Languages by Captn. Civility of Conestogoe, and Smith 
the Ganavv'ese, who excells in the skill of those Languages. 

At a Council held At Conestogoe, the 14th day of March, 1721-2. 
Between James Logan, Secretary, & Colonel John French, in behalf 
of the Government of Pensilvania, thereunto authorized by vertue of 
a Commission to them from the Governour, under the Great Seal, 
bearing date the 7th inst. ; And 

Civility, Tannacharoe, Gunnehatorooja, Tovvecna, & other old 
men of the Conestogoe Indians. 

Savannah, Chief of the Shawanese, AYinjack, Chief of the Gana- 
wese, Tekaachroon, a Cayoogoe, Oweeyekanowa, Noshtarghka- 
men, Delawares. 

Present divers English & Indians. 

The Secretary laving down a Belt of Wampum on the Board be- 
fore thorn, which he had taken with him for that purpose, spoke to 
the Indians as follows. 



PROVINCIAL COUNCIL. 147 

Friends & Brethren : 

William Pcnn, our and your Father, when he first settled this 
Country with English Subjects, made a firm League of Friendship 
and Brotherhood with all the Indians then in these parts, and agreed 
that both you and his People should be all as one Flesh and Blood. 
The same League has ofi,en been renewed by himself and other Go- 
vernours under him, with their Councils held as well in this place 
where we now are as at Philadia. and other places. Both his People 
and yours have hitherto inviolably observed these Leagues so that 
scarce any one Injury has been done, nor any one Complaint made on 
either side, except one for the Death of La Tour and his Company 
for near forty years past, And of this you are all fully sensible. 

Yet as all human affairs are liable to accidents which sometimes fall 
out even between Brethren of the same Family tho' issuing from the 
same Parents, So now your good Friend, our Governour and his Coun- 
cil, having heard by Report only, that one of our Brethren had lost his 
Life by some Act of Violence, alledged to be done by some of our 
People, without receiving any Notice of it or Complaint from you, 
but moved with a great Concern for the Loss and Unhappiness of the 
Accident, like true Friends and Brothers, the very next Day sent us 
two, Colonel French and me, first to condole with you , which we now 
do very heartily, and next by the full Powers with which we are in- 
vested to inquire how the matter came to pass, that Justice may be 
done and Satisiaction be made according to the firm Leagues that 
have from time to time been made between us and you, for We will 
suffer no Injury to be done to any of you without punishing the 
offenders according to our Laws ; Nor must we receive any v/ithout 
just satisfaction made to us, ffor so the Laws of Friendship and the 
Leagues between us require. 

We therefore now desire you, that according to the Notice we gave 
you three days agoe to have all those persons ready here who know 
any thing of this matter. You would fully inform us of every par- 
ticular, for we are now here to take their Examinations, which we 
expect you will take Care shall be given with Truth and Exactness, 
and without any Partiality from Resentment or Favour ; that when 
our Governour and Council are assured of the Truth they may pro- 
ceed more safely in doing of Justice. 

This being interpreted, as has been said, into the four several Lan- 
guages of those People, We judged it necessary that our Commission 
should be publicly read in the hearing and for the satisiaction of the 
English who were there, and then we proceeded to put the following 
Questions, and to examine the Indian Evidences. 

Quest. When did Civility and the other Indians of Conestogoe 
first hear of the Death of the man, and by whom? 

Answr. They heard of it by several Indians much about the same 
time ; The fact was done, they understood, about forty Days agoe. 

Quest. Where was it done ? 



148 MINUTES OF THE 

Answr. At Manakassy, a Branch ofPatowmeck River. 

Quest. What was the Man's Name, his Nation, and Rank among 
his own People ? 

Answr. His name was Sawantaeny of the Tsanondowaroonas 
or Sinnekaes, a Warriour, a civi! Man of very few Words. 

Quest. What was his Business there ? 

Answr. He was hunting, being used to hunt in that place. 

Quest. Who, do you understand, was present besides the English 
at the Commission of the ffact ? 

Answr. The Man had been hunting there alone, with a Squaw 
that kept his Cabin, till John Cartlidge and his People came thither 
to trade with him for his Skins. John Cartlidge had an Indian Guide 
with him of the Ganawese Nation, named Aijaquachan, who is here 
present ; also, two Indian Shawana Lads came thither about the 
same time, whose Names are Acquittanachke and Metheegueyta ; 
also, his Squaw, a Shanawcse Woman, named Weynepreeueyta, 
Cousin to Savannah, Chief of that Nation, who are all here present. 

Then Winjack and Savannah, Chiefs of the Ganawese & Sha- 
nawese, were required to Charge those four witnesses of the ffact, 
of their respective Nations to speak the Truth impartially, without 
Malice or Hatred, Favour or affection on any account whatsoever. 
The three Shawana witnesses being desired to withdraw, Ayaqua- 
chan, the Ganawese, aged according to appearance, about thirty 
years, was called upon to give an Account of what he knev/, and 
accordingly he said. That he came in the Evening to the Indians 
Cabin who is dead, witli John Cartlidge and Edmund Cartlidge, who 
had with them William Wilkins and one Jonathan, both servants to 
John Cartlidge, with an Intent to trade with the said Indians for his 
Skins, they having hired him to be their Guide ; That John Cartlidge 
gave the Sennikae some small Quantities of Punch and Rum three 
times that Evening, as he Remembers, as a ffree Gift, and then sold 
him some Rum ; That bo'h the Sinnekae and this Examinant were 
drunk that Night ; That in the Morning the Sinnekae said he must 
have more Rum, for that he had not received all he had bought; 
That accordingly he went to John Cartlidge and demanded it, but 
that John denied to give him any, and taking the Pott out of the 
Indians hand threw it away ; That the Sinnekae told him he need 
not be angry with him for asking more for he owed it to him, and 
he still pressed him to give it ; That John then pushed the Indian 
down who fell with his Neck cross a fain tree, where he lay for 
sometime, and then rising walk'd up to his Cabin ; That this Exa- 
minant was then by the Fire, which was he thinks about thirty or 
forty, others say a hundred paces from the Cabin ; That he saw John 
Cartlidge stripping off his Clothes near the ffire ; That then this Ex- 
aminant went up towards the Cabin and saw the Sinneka sitting on 
the ground with the Blood running down his Neck, and that John 
Cartlidge when he came up kick'd him on the fforehead with his 



PROVINCIAL COUNCIL. 149 

Fool ; That this Deponent was in Liquor at the time and knows no 
inore. Being asked if lie saw any Gun, he says he saw none. 

Aquannachke, the Shawana, aged in appearance about twenty 
two years, says, That he came to the same place with John Cart- 
lidge and his Company, that the Sinneka had Liquor over night, and 
was drunk with it; That He and the Ganawese sate up a 1 Night, but 
this Examinant went to sleep. The next Day the Sinneka asked for 
more Rum of John Cartlidge, who refused to give him any ; that 
John threw away the pott, and upon the Indian still pressing for 
more Liquor threw him down cross a Tree, that the Indian rising 
made up to his Cabin ; That WUliam Wilkins followed him and met 
him coming out of the Cabin with his Gun, That Wilkins laid hold 
of him & the Gun and tlicy both struggled, but not much; That 
Edmund Cartlidge coming up forced the Gun from the Indian, struck 
him three Blows on the Head with it, with which it broke. He struck 
him also on the Collar Bone ; That John Cartlidge being at the Fire 
there stript off his Clothes, and coming up kick'd the Indian on the 
side and broke two of his Ribs; That the man then bled at the 
Mouth and Nose and was unable to speak, but rattled in the Throat ; 
That John Cartlidge with his Company went to the Fire, made up 
liis Goods and came away ; That the Sinneka in the mean time went 
into his Cabin where these Shawanese Lads left him, and followed 
John Cartlidge to trade with him ; That this happened about nine in 
the morning, and John Cartlidge himself says, he left the place at tea 
by his watch. 

Metheequeyta, the other Shawana Lad, aged about seventeen or 
eighteen years, confirms what the other Young Man his Compa- 
nion has said, and declares he can say nothing farther. 

Hereupon, great Pains were taken and Endeavours used to per- 
swade these Evidences, to declare of themselves all that they parti- 
cularly knew without considering what the others had said, or were 
supposed by them to say, for they were kept apart during the Exa- 
mination, but the Indians could not be prevailed with, alledging it" 
was to no purpose to repeat what others had already declared, and 
it was by many leading Questions that Acquanachke was induced 
to mention any part of what the Ganawese had said before. 

Weenepeeweytah, the Squaw, was then examined arid said, That 
she was in the Cabin when her husband came in for the Gun, that 
She shrieked out, and endeavoured to hinder him from carrying it 
out, but could not; That She followed him, and Wilkins being then 
by the Cabin laid Flold of the Gun, but could not take it from him ; 
That Edmund forced it out of his Hands and struck him first on the 
Shoulder, and then thrice upon the Head, and broke the Gun with 
the Blows ; That John Cartlidge stript off his Clothes and coming up 
to them found the Indian sitting, and he then gave him one Kick on 
the side with his foot, and struck him with his ffist ; That the man 
never spake after he received the Blows, save that after he got into 

VOL. III. 



150 MINUTES OF THE 

ihe Cabin he said hisFiiends had killed him ; That a great Quantity 
ui' Blood came from his wounds, which clotted on the Bear Skin on 
which lie lay; That his Mouth and Nose were full of Blood; That 
he died the next Day, about the same time he was wounded the Day 
before ; That she was a lone with the Corps, and went to seek some 
help to Bury him ; That in the mean time an Indian Woman, wife 
to Passalty of Conestogoe, with the Hermaphrodite of the same 
place coming ihiiher by accident, and finding the Man dead buried 
him in the Cabin, and were gone from thence before She leturned, 
but She met them in the way and understood by them that they had 
laid him in the Ground. 

Passalty's Wife and the Hermaphrodite being called, declare that 
Kannannowach, a Cayoogoe Indian, was the lirst who found the Man 
dead, and that he hired them to go bury him lest the Beasts or Fowls 
should eat him ; That it was about seven Days after his Death that 
they went thither, for the Body then Slunk; They found three wounds 
in his Head, They washed away the Blocd and the Brains appeared ; 
that two of his Ribs were broke, and his Side on that part was very 
black. 

These, may it please the Governour, are the Examinations of the 
Indian Evidence which we have taken, with all the Exactness that 
was in our power, and with the utmost Impartiality. We confess we 
had not reason to be fully satisfied with the management of the three 
Shawana Indians, viz: the two Lads and the Squaw, especially the 
two first, for they seem all to have agreed on their story before hand, 
especially in the particular of the man's Ribs being broke, of which 
Me conceived these two Youths could not possibly know any thing 
before they Icit the place, because they came from it much about the 
same time with the Cartlidge's, and therefore We judge they could 
hear of it no other way than by the Woman afterwards, yet they 
were positive in affirming ; And we have here given the whole, 
wi'hout retrenching any thing in favour of any person whatsoever. 
The Belt of Wampum was then taken up and shewed to the In- 
dians, and they were told that it was sent from the Governour by 
us, to be forwarded with a message to the Sinneka Indians upon this 
unhappy accident. They were therefore desired to think by the morn- 
ing of a proper person to carry it ; That the Day being now far 
spent, and the Company tired, (for we sate on the Business near 
Ei'>ht hours) wc should leave what we had further to say to the next 
Dav, and accordingly desired them to meet us early in the same 
place. We then ordered two gallons of ilum made into Punch with 
t-he above, a Hundred Weight of Meat and Bread brought from John 
Cartlidge's, to be distributed among the company which was large, 
and Provisions being exceeding scarce at present among them. 

The next day, viz., the 15th of March, We met the same Chiefs 
without other Company to consult about sending the message before 
mentioned, and Colonel French, by the same Interpreters, spoke to 
them as follows. 



PROVINCIAL COUNCIL. 151 

Friends & Bretheren : 

We informed you yesterday that we were sent by the Governour 
in very great Haste from Philadelphia upon the News of this un- 
happy Accident, which we have been enquiring into. We, there- 
fore, had not time to bring with us any Presents to make you, nor 
could we indeed believe they would be expected on this occasion. 
We thought however, that if any should be wanted they might be 
easily had at Conestogoe, but find them very scarce. We have 
however procured two Strowd Coats to be sent to our Bretheren, the 
Sinnekaes, to cover our dead Friend, and this Belt of Wampum 
(which was again taken up) is to wipe away Tears. We yesterday 
recommended it to you to think of a fit person to carry the Message, 
which we hope you have done, and pitched upon one accordingly. 
The Indians answered : They had deferred the Choice of a person 
till this meeting, and then they named some one of them we much 
desired should be the Person, but he excused himselt". At Length 
one Skatcheetcho, a Cayoogoe of the ffive Nations, and of that next 
in situation to the Sinnekaes, who had for divers years resided 
among our Indians was chosen, and he undertook the Journey, but 
said he could not leave his Family, who then wanted Bread, unless 
they were provided for. We assured him, that the next Day six 
Bushels of Corn should be brought to him for his ffamilys support in 
his Absence, and for his own Journey he should have a Stroud Coat, 
a new Gun, with three pounds of pov.'der and six pounds of Lead, 
which beseemed cheerfully to accept of; some Palatines, undertook 
on the Secretnrys Promise of Pay to bring the Corn next Day ; A 
Gun and the Lead we had from John Cartlidge, but he having no 
wood Powder nor Strouds at home, Peter Bizaillon promised to deli- 
ver these to the Messenger as he past his Flouse near Pexton. Soon 
after the two Stroud Coats were presented, one of the Conestogoe 
old men proposed to Civility, that John Cartlidge having before 
given them a Stroud, with a strmg of Wampum for the same pur- 
pose ; these should also be sent with the others, -which being ap- 
proved of by the other Indians, the said Strowd and Wampum was 
brought and added to those we had delivered. 

The Messenger bemg fully concluded on, We desired Civility and 
him to be with us in the Evening, at John Cartlidge's House, to re- 
ceive the Words of our Message; but first we proposed to the Indians 
to send a Message from themselves in Conjunction with ours to shew 
their Satisfaction in our proceedings, but they gave us to understand 
that they could not joyn any Words of theirs to our Present, for no 
such thing was ever practised by the Indians, and they had no Belt 
ready of their own, otherwise they would send it. Civility was then 
privately informed that We had a Belt also for them (the Secreta- 
ry having carriedup two) which they might take as their own, and 
send it accordingly. He seemed much pleased with this, and we 
prepared for that time to take our Leaves; But before we did this 
We judged it necessary- to caution them, that from the example we 



152 MINUTES OF THE 

had given them of our great Care and Tenderness over them, and 
our Regard to our League made with them. Thej should be very 
careful on their parts not to give offence to the Christians who were 
settled near them, or by any means injure their Cattle or any thing 
belonging to them ; For as we would suffer none of our People to 
injure them without punishing the offenders, So we could not receive 
Injuries without requiring Satisfaction; And this we endeavoured fully 
to impress upon them, After which we took Leave of them all, ex- 
cepting Civility & the Messenger, and came to our Lodging at Jehn 
Carthdge's, wither also about two hours after came the said two last 
mentioned Indians ; And to the Messenger we delivered the follow- 
ing Words as the signification of the Belt we sent with him, viz : 

Deliver this Belt from the Governour and Government of Pensil- 
vania to the King or Chief of the Sinnekaes, and say that the Words 
it brings are these. 

William Penn made a firm Peace and League with the Indians in 
these parts near forty years agoe, which League has often been re- 
newed and never broken, but an unhappy Accident has lately befallen 
us. One of our Brethren and your People has lost his Life by some 
of our People; Rum was the first cause of it; He was warm and 
brought his Gun in Anger against them. They were afraid of his 
Gun, took it from him, wounded him and he died. Our Governour, 
on the first News of it, sent us two ofhis Council to inquire into it. 
We have done it, and we are now taking the offenders to Philadia. to 
answer for their Fault. We send these Strowds to cover our Dead 
Brother, and this Belt to wipe away Tears; And when we know your 
mind, you shall have all further reasonable satisfaction for the Loss. 
Civility also receiving the other Belt privately, promised they would 
hold a Council the next Day among themselves, as they had before 
engaged to us, and sending that Belt m their own Name would give 
an Account by it of our Governours great Care over them, and of 
all our proceedings in this matter. 

Being the same Day credibly informed That the five Nations had 
sent down a large Belt of Wampum, whh the ffigure of a Rundlet 
and an Hatchet on it to the Indians settled upwards on Sasquehannah, 
with orders to stave all the Rum they met with. We judged it ne- 
cessary to send by the same Messenger a public order, under our 
Hands and Seals, to all our Traders whom he should meet with, to 
acquaint them, that as their carrying of Rum to the Indians was 
against Law, So the Indians staving it was no more than what from 
time to time they had been encouraged to do, and therefore they 
must take care not to cause any Riot or Breach of the Peace, by 
making any Resistance; A Copy of which Order is here presented. 

All this time from the first Day of our Arrival at Coneslogoe John 
Cartlidge, and from the second day Edmund Cartlidge, had by vir- 
tue of our Warrant, been in the custody of the High Sheriff of Ches- 
ter, who accompanied us, or in that of persons deputed by him. 



PROVINCIAL COUNCIL. 153 

The next Morning, Civility the Messenger, and clivers of the old 
Men came over to John Cartlidge's to see us at our Departure. 
The Messenger assured us He would set out the next morning, viz. 
the 17th, That he hoped to be with the Sinnekaes in Eight Days, 
and to return in thirty ; That he and Civility, upon his Return, 
would come directly to Philada. to give an Account here of the Dis- 
charge of his Message. 

We then very much pressed John Cartlidge. (Edmd. being gone 
before with an officer to his own House almost in our way) to hasten 
and go along with us. His Wife grieved almost to Distraction, and 
would force herself and her child with him, but was at length pre- 
vailed with to stay; This caused us some Loss of Time. The Wo- 
man's sorrows being loud the Indians went in to comfort her, and so 
we departed. 

We have brought both John Cartlidge and Edmund Cartlidge 
Prisoners to Town, together with the Lad Jonathan who was present 
at the ffact, and have committed them to the Custody of the High 
Sheriff of Philadelphia, where they now are, William Wilkins was 
one hundred and fifty miles up Sasquehannah trading for his master, 
and therefore too far out of our Reach. 

This, may it please the Governour, is in pursuance of our In- 
structions, the Report we have humbly to offer of our executing the 
Commission with which we were intrusted. 

JAMES LOGAN, 
JOHN FFRENCH. 

The said Commiesioners further reported. That they had caused 
John & Edmd. Cartlidge to be brought to Philadelphia, where they 
now remain in the Sheriff's Custody, by virtue of their Warrant, for 
suspicion of Killing the Indian mentioned in their Report, which in 
their humble opinion was the highest Cause of Commitment that the 
Evidence taken before them, as it is narrated in their Report would 
admit of. 

That the Body of the Indian supposed to be Killed had been buried 
about six weeks before their arrival at Conestogoe, in a solitary un- 
inhabited wilderness, three Days Journey from thence ; So that it 
was not only out of time to have a satisfactory view taken of the 
same, but also it was then impracticable for them to get such a 
Number of Christians to undertake that Journey as would constitute 
a legal Jury. 

Hereupon, it was the unanimous Opinion of the Board, That the 
Commrs. had faithfully and diligently executed the Trust reposed in 
them, and after some time spent in reasoning upon the most legal, 
as well as prudential methods, that in this uncommon and extraor- 
dinary Case could be taken for a more clear Discovery of the Truth 
in order to being the offenders to Justice ; the further Consideration 
thereof was deferred untill to morrow at three in the afternoon. 



154 MINUTES OF THE 

David Evans, Deputy Sheriff of Philadelphia attending, was called 
in and ordered to keep the said prisoners, John and Edmund Cart- 
lidge, in safe Custody, by virtue of the Commrs. Warrant whereby 
they stand already committed, And that He produce Jonathan Swin- 
del, John Cartlidge's Servant, before this Board to Morrow at three 
in the afternoon. 



At a Council held at Philadelphia, March the 22d, 1721. 

PRESENT : 

The Honorable Sir WILLIAM KEITH, Bart., Governour. 

Richard Hill, Thomas Masters, 

Samuel Preston, Andrew Hamilton, Att. Genl., 

Jonathan Dickinson, Henry Brooke, 

Colo. John ffrench, James Logan, Secry. 

The Consideration of the Case of John & Edmond Cartlidge be- 
ing resumed, Jonathan Swindel, an Evidence who attended in the 
Sheriffs Custody, was called in and examined upon Oath ; but his 
Deposition or Evidence not appearing to warrant any higher Cause 
of Commitment than what the Commissioners at Conestogoe had 
already made, viz : the Suspicion of Killing, it was not thought 
proper to alter the Commitment of the Prisoners, but leave them in 
the hands of the Law. It being hereupon observed, that there was 
two vacancies in the standing Commission of Oyer & Terminer, and 
that perhaps the Circumstances of this affair might require a Special 
Commission limited to Time and place ; The Clerk was ordered to 
produce a Copy of the last Commission of Oyer & Terminer for the 
Tryal of Capital Crimes and Felonies of Death ; Which being read, 
the Board was of opinion that if the said Commission, with some 
amendments mentioned by the Attorney Genl. was renewed, and 
the Vacancies filled up, it would answer this as well as all other 
Cases of the like Nature. 

A Petition from John & Edmd. Cartlidge was presented to the 
Board, and read, setting forth. That they are heartily sorry for the 
Death of the Indian (if He be really dead) on Suspicion whereof 
they now stand committed ; That they had no Intention to hurt or 
injure the said Indian, but that what they did was in their own De- 
fence and for preservation of their Lives. Nor can they believe that 
what was done on their part by reason of the amazing Surprize the}'- 
were in, and be the occasion of the said Indians Dea^h; They there- 
fore earnestly pray for a Speedy Tryal, (if this Board finds a Tryal 
necessary) or otherwise that they may be admitted to Bail, which 
they conceive to be a Priviledge due to them by the Law of the 
Land. 

After some Reasoning upon the subject of this Petition, the Ques- 
tion was put. Whether the Petitioners ought to be admitted to Bail 
or not? and it carried in the affirmative, And Mr. Attorney was de- 
sired to prepare the Conditions of their Recognizance against Satur- 
day morning next, the 24th instant, to be then agreed to by the 



PROVINCIAL COUNCIL. 155 

Board, and afterwards taken &■ executed at the Court House, before 
the Governour, in the most public manner ; And it is ordered, tliat 
the Petitioners in the mean time have Notice to provide sufficient 
Bail. 

It was moved and readily agreed to by the Governour, that John 
Cartlidge's Name be struck out of the Commission of the Peace for 
the County of Chester. 

The' Secretary and Colonel French laid before the Board an Ac- 
count of the Charge of their late Negotiation with the Indians at 
Concstogoe, being Nineteen pounds Eighteen Shills. and nine pence 
cash disbursed, Which is allowed by this Board, togclher with twen- 
ty Shillings per Diem to each of the said Gentlemen for the time 
spent in that Journey, being eleven Days, amounting in the whole to 
the Summ of Forty one pounds 18s. 9d., which is ordered to be laid 
before the Assembly for an order of Payment, at the same time with 
the Accott. of the Charge of the Treaty with the Deputys of the ftive 
Nations, At Conestogoe in July last, the Ballance thereupon due 
being One Hundred & fourteen Pounds fourteen Shillings, allowed 
by this Board, and ordered to be laid before that House. 



At a Council held at Philadelphia, March the 24th, 1721. 

thesext: 

The Honourable Sir WILLIAM KEITH, Bart., Go^r. 

Richard Hill, Andrew Hamilton, Att. Genl., 

Isaac Norris, Henry Brooke, 

Thomas Masters, James Logan, Secretary. 

Pursuant to the Resolution of the last meeting of this Board, John 
& Edmd. Cartlidgc appeared before the Governour & Council, at 
the Court House, and became bound by Recognizance to the Kings 
Majesty in manner following, viz : the said John Cartlidge in the 
Summ ot ffive hundred pounds with Edward Faimcr of the County 
of Philada, Gent., and John Davis of the City of Philada., Taylor, 
liis Suretys in the Summ of two hundred and fifty pounds each. And 
the said Edmond Cartlidge in the like Summ of £500, with Charles 
Read of the City of Phiiada., Mercht., and James Steel of Philada., 
Gent., his Sureties in the Summ of .£250 each, to be levied of their 
and every of their Goods & Chattels, Lands & Tenements, for the 
use of our Sovereign Lord the King, Sub-Conditione. 

That the said John Cartlidge shall make his personal appear- 
ance before the Governour & Council of this province of Philadel- 
phia, the twentieth Day of April next, then and there to make Answer 
to such matters as on his Matys Behalf, shall bo objected against 
him concerning the Death of Saanteenee, an Indian, which the said 



156 MINUTES OF THE 

John Cartlidge is suspected wilfully to have slain upon a sudden 
falling out, And that He, the said John Cartlidge, in the mean time 
do keep the Peace of our said Sovereign Lord the King, towards the 
Kings Maty and all his Liege People, and all these Nations of In- 
dians in Peace & Amity with this Government. And that in the mean 
time He, the said Jno. Cartlidge, shall not go over the River Sas- 
quehannah to trade, deal or barter with any Indians ; That then and 
from thenceforth this present Recognizance shall be frustrate and 
made void, or else to remain in full force and virtue. 

And the said Recognizance being duly acknowledged by the said 
John and Edmd. Cartlidge, with their respective Surities above 
named, They were dismissed. 



At a Council held At Philadelphia, JVlarch the 28th, 1722. 

PRESENT : 

The Honourable Sir WILLIAM KEITH, Bart., Govr. 

Richard Hill, Thomas Masters, 

Isaac Norris, Andrew Hamilton, Att. Genl., 

Samuel Preston, Henry Brooke, 

Anthony Palmer, James Logan, Secretary. 

Present also, David Lloyd, Esqr., Chief Justice. 

There having been occasion lately to take Notice in Council of 
two Vacancies in the Commn. of the Supreme Court, the Governour 
acquainted the Board, That He had called them together at this time 
Chiefly to advice with them upon that Head. Observing to them, 
That as it had hitherto been the Practice to keep the same Equality 
upon that Bench as at this Board, between those of the Church of 
England and the People called Quakers ; They were now to think of 
recommending two Churchmen to the Governour, who in their opi- 
nions, would be fit to act in the said Commission along with the 
Chief Justice and Mr. Hill; But the members seeming inclined to 
have a litle more time to consider of fit persons for filling up the said 
Vacancies; the consideration thereof was referred unto the next meet 
ing of the Council. 

Whereas the Governour has acquainted the Board, That He has 
made a considerable Advancement in the Erecting of a Building at 
Horsham, in the County of Philadelphia, in Order to carry on a Ma- 
nufacture of Grain, Sic, And that it is necessary some convenient 
public Roads and Highways through the Woods to and from the said 
Settlement, be laid out by order of this Board. 

It is therefore, at the Governours Request, ordered. That Robert 
flletcher, Peter Chambcrlin, Richard Carver, Thos. Iredale, John 
Barns & Ellis Davis, or any four of them, do run out and make Re- 
turn of a convenient jjublick Road and High way, from the Gover- 
nour's Settlement at Horsham to the Meeting House there, and from 



PROVINCIAL COUNCIL. IB? 

thence to a small Bridge, commonly called the Round Meadow Run, 
where it meets again with Abingdon or Now York Road. And also, 
that the said Robert ffletcher, Peter Chamberlin, Richd. Carver, 
Thomas Iredale, John Barns & Ellis Davis, or any four of them, do 
run out and make Return of a Road and High Way, to begin at the 
Intersection of the said New York Road with the Division Line 
between the Counties of Philadia. and Bucks, to be continued upon 
the said Line upwards, as far as they shall judge convenient or ne- 
cessary for accommodating that Neighbourhood ; And it is ordered, 
that the Returns of the said Roads bs made in thirty Days after this 
date. 

An Address to the Governour from David Lloyd & Nathaniel 
Newlin, in behalf of themselves and the other Commissioners ap- 
pointed by Act of Assembly for the County of Chester, was read by 
the Governours order, as properly relating to this Board, notwith- 
standing the said persons thought fit to direct it to the Governour 
only, setting forth the Inconveniences which may ensue from the 
Order of this Board, for the first of February last, upon a Petition 
from divers Inhabitants on the South Side of and adjacent to the Ri- 
ver Schuylkill, who were taxed both in Philadelphia and Chester 
County, and praying such relief from the unrighteous Attempts of 
the said persons to sever themselves from the said County of Ches- 
ter, as the Governour in his Wisdom should think fit. 

The said David Lloyd being present was told. That the order of 
the Governour & Council of the first offfebruary last, to which their 
Address had relation, imported only, that no regular Division of the 
Counties oi" Philadelphia and Chester had yet appeared to this Board, 
And that the Collectors of the Taxes for the County of Chester were 
ordered to forbear calling upon or levying those Taxes on such per- 
sons only as heretofore had paid to and were now taxed in the coun- 
ty of Philadelphia, which were not above six in Number, tfor that it 
was unreasonable they should pay to two Counties the same Taxes 
for the same Lands or Estates ; And that the order itself plainly de- 
clared. That this Injunction was intended to continue no lonfrer than 
till such time as the Limits of these two Counties could be adjusted 
and fixed ; That it was of great Importance that they should with- 
out Delay be fixed. And as the Address implies that this has already 
been done, the Commissioners of Chester County were desired to 
make it appear to the Board accordingly. 

David Lloyd replied, That there were persons yet living v/ho rt- 
membered the running of the Division Lines, which was done He 
believes about the year 1688, under the Administration of Governour 
Blackwell, but that they Knew not where to apply for any Record 
or written proofs of it, except to the Secretary, in whose Custody all 
things of this Kind should be kept. 

The Secretary hereupon informed the Board, That He succeeded 

14 



168 MINUTES OF THE 

Patrick Robinson in the year 1700 in that office ; That the said Pa- 
trick dying not long after, He had never received from his Widow 
and Relict any of the Papers relating to the Secretary's office; That 
orders at his Instance had been issued by the Governour & Council, 
for the Delivery of all such Papers then in the Custody of the said 
Relict or of her Husband, Griffith Jones, who had then intermarried 
with her. But that by an Assensbly of this Province, of which Da- 
vid Lloyd was Speaker, and the said Jones a Member, It was order- 
ed, as might he believed be yet found on their Minutes; That the 
Papers and Writings of public Concern left by Patrick Robinson, in 
the hands of his VVidow, should be kept by the said Griffith Jones, 
So that He (the Secry) could never obtain them ; That the said Grif- 
fith Jones being since dead, and his Widow intermarried with John 
Swift, he suppose those Writings might now be in the said John's 
Custody. 

The Inconveniency as well as Indecency of suffering such matters 
of Importance to the Public to lie in any private Hands whatsoever, or 
out of the Office they properly belonged to, being taken into Consi- 
deration, It is ordered, That the Secretary and Attorney Genl. shall 
without Delay call upon tlie said John Swift or his Wife, the Relict 
of the said Patrick Robinson, for all such Records, Papers and Wri- 
tings relating to the Govmt. or that are of a publick Concern, as 
were in the Custody of the said Patrick Robinson at the time of his 
Decease, and upon all and every other person and persons in whose 
hands any such Records, Papers or Wiitings may be found, and take 
the same into their Custody, to be delivered into and kept in the 
Secretary's Office, to which they properly belorg ; And of their 
proceedings herein they are to make Report to this Board. 

The Secretary also is ordered to make a further Search for the 
proofs that have been mentioned of the Division Line between the 
Counties of Philadelphia & Chester. 



At a Council held at Philadelphia, April l6th, 1722. 

present: 

The Honourable Sr. WILLIAM KEITH, Esvir., Bart., Governour. 

Richard Hill, Anthony Palmer, 

Samuel Preston, Henry Brooke, 

Andrew Hamilton, James Logan, Secretary. 
Isaac Norris, 

The Governour spoke as follows. 
Gentlemen of the Council : 

Upon some Information I lately received, that the Indians were 
like to be disturbed by the Secret and Underhand Practices of Per- 
sons, both from Mary Land and this Place, who unde r the Pretence 



PROVINCIAL COUNCIL. 169 

of finding a Copper Mine, were about to Survey and take up Lands 
on the other side of the River Sasquchannah, contrary to a former 
Order of this Government ; I not only sent up a Special Messenger 
with a Writ under the Lesser Seal to prevent them, but took this 
Occasion to go towards the Upper parts of Chester County myself, 
in order to Locate a small quantify of Land unto which 1 had pur- 
chased an original Proprietary Right; And understanding further 
upon the Road, that some Persons were actually come with a Mary 
Land Right to Survey Lands upon Sasquehanna, fifteen miles above 
Conestogoe, I pursued my course directly thither, and happily arri- 
ved but a very few hours in time to prevent the Execution of their 
Design. 

Having the Surveyor General of this Province along with me in 
Company, after a little Consideration, I ordered him to Locate and 
survey some part of the Right I possessed, viz : only five hundred 
acres upon that Spot on the other Side Sasquehannah, which was like 
to prove a Bone of Contention, and breed so much mischief, and he 
did so accordingly upon the fourths 5th days of this Instant April, 
after which I returned to Conestogoe, in order to discourse with the 
Indians upon what happened ; But in my way thither, I was very 
much surprized with a certain account that the young men of Co- 
nestogoe had made a famous Warr Dance the night before, and that 
they were all going out to War inimedi itely ; Hereupon, I appointed 
a. Council to be Held with the Indians next morning in Civilities 
Cabin, and these are the minutes which I carefully took myself of 
all that pass'd between mc and the Indians. 

[Here y^ Minutes should have been inserted, but they never hav- 
ing come to my hands, the opposite leaf is left blank for ym.] 

The Governour laid before the Board a Commission under his 
hand and the Lesser Seal of the Province, in the Kings Stile, dated 
the 3lst day of March last, & directed to Joseph Pidgeon, mention- 
ing certain Stipulations between the Governours & Councils of Mary 
Land and this Province, that no Surveys or Settlements should be 
made by any private Person whatever, on the west side of Sasque- 
hannah by Rights from either Province, and thereupon, and for pre- 
venting any disturbance to the Indians, by means of such Surveys 
or Settlements, impowcring and requiring the said Joseph Pidgeon, 
and his Deputies, to make diligent enquiry and search after any 
Person or Persons, who under the pretence of Land Rights from 
Mary Land or from this Province shall presume to survey or settle 
any Lands within ten miles distance of Sasquehanna to the West- 
ward, and not only to forbid all persons to survey as aforesd., 
but by force to restrain them ; And the Governour directing his dis- 
course to Richard Hill, Isaac Norris, and James Logan, Proprietary 
Agents or Commissrs. of Property for this Province, and three 
Lower Counties, complained that James Steel, (the person who for 
some Years past has been intrusted with the management of the 
Land Office under the sd. Agents) without paying the Regard due to 



170 MINUTES OF THE 

the Governours Authority expressed in the sd. Commissn. had pre- 
tended to Survey Land over the River Sasquehannah, notwithstand- 
ing the Person or Persons deputed by virtue of the sd. Commission 
had forbid him, which action as it appeared a Contempt of the Go- 
vernours authority, and might be of unhappy Consequence with the 
Indians, as being contrary to what the Governr. in his Treaty two 
or three days before had stipulated with them. He was obliged to 
take notice of it and call the sd. James Steel to an account for it, but 
first the Governour desired to know if James Steel had any direc- 
tions from the said Agents or Commissioners for his proceeding 
herein. 

The Commissrs. answered that James Steel had orders from them 
to make a Survey beyond Sasquehannah, and for these orders it 
concerned them to Answer; but if he had behaved himself disorderly, 
or had tresspass'd against any Legal order of Government, (to which 
they were wholly strangers) They should not Justify him in it. 
However, as the matter seemed to them to relate to an affair of Pro- 
perty, they conceived it lay not properly before the Board, to take 
any Cognizance of the matter. 

Note— See the Minutes of March 15th, 1724-5, and 13th of 
same month. 

***** 
***** 
»*•♦»« 



At a Council Held at Philadelphia, April 20th, 1722. 

PRF.SENT : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 
Richard Hill, Andrew Hamilton, Attny. Genl., 

Isaac Norris, Henry Brooke, 

Anthony Palmer, James Logan, Secretary. 

Thomas Masters, 

Cartlidge's > John & Edmund Cartlidge appeared before the Go- 
affair. ^ vernour in Council, and desired that (heir appearance 
might be Entered in Discharge of the Condition of their Recongni- 
zance, and the Sheriff of Philadelphia being called in, the Govr. 
imediately Committed the said John & Edmund Cartlidge into his 
Custody, until! they should be discharged therefrom by due Course 
of Law. 

And then they withdrew. 

The Governr. desired that the Board would give him their Opin- 
ions, whether in case the sd. John & Edmund Cartlidge did insist 
upon the priviledge of being again admitted to Bail upon Habeas Cor- 
pus, it could be legally denied them. To which the Attorney Genl. 
said, that there being no other or more prooff against them now, 
than what appeared at the time of their being first admitted to Bail, 
if they demanded it. He did not thipk the Priviledge of a Habeas 



PROVINCIAL COUNCIL. 171 

Corpus could be legally refused, and the Board acquiesced in the 
the same opinion. 

The Governour laid before the Board several Bills sent up from 
the Assembly at their last Session, one of which being read, the fur- 
ther Consideration of the said Bill is deferred untill Tuesday next, 
the 24th inst., at nine in the morning, unto which time the Council 
is adjourned. 



At a Council held at Philadelphia, April 30th, 1722. 

PRESENT : 

The Ilonble Sir WILLIAM KEITH, Bart., Govr. 

Richard Hill, Thomas Masters, 

Isaac Norris, Andrw. Hamilton, Atl. Genl. 

Saml. Preston, Henry Brooke, 

Antho. Palmer, James Logan, Secretary. 

Ordei-ed, that the Provincial Treasurer pay unto Samuel Robins 
the Sum of Ten Pounds, which with five pounds formerly paid him 
by the Secretary, (and of which it is hereby also ordered that the 
Secretary be forthwith reimbursed out of the publick Treasury) is al- 
lowed him by this Board, in consideration of his being sent Express 
to Virginia in the month of February, A". 1720, for the Service of 
the Publick, wch said Summs the Treasurer is hereby directed to 
Charge to Accott. of Indian Treaties for the said year 1720. 

The Govr. laid before the Board a Bill sent up from the Assembly, 
entituled An Act for Vesting 

* » K # * 

The Board unanimously agreed in the Justice and Equitable In- 
tention of the said Bill ; But considci-ing its importance, and some 
Amendments being also proposed, It is recommended to the Secre- 
tary & Attorney Genl. to peruse and make their Observations there- 
upon, and that they Report the same to the Govr. or the the Govr. 
& this Board, in order to bo further Considered of before the Bill 
is returned to the Assembly. 

The Clerk presented the Returns of two Roads laid out by order 
of this Board, the 28th of March last, which v/ere road, and ordered 
to be laid before the Council at another meetinir. 



At a Council held at Philadia., May 3d, 1722. 

PRESENT . 

The Honblc Sir WILLIAM KEITH, Bart., Governour. 
Richard Hill, Isaac Norris, 

Samuel Preston, Henry Brooke. 

Some Amendments were proposed by the Governour, with the Ad- 
vice of the Council, to the Bill entituled An act for imposing a Duty 

VOL. III. 



172 MINUTES OF THE 

on Persons convicted of heinous Crimes, and imported into this Pro- 
vince as Servants or otherwise. 

The Messenger sent by the Secretary to Colo. French, from Cones- 
togoe to the Five Nations, being returned with Civility, and some 
other Indians from Coiiestogoe along with him, to morrow at ten in 
the morning is appointed to receive the Indians Answer in Council; 
And it is ordered that the Assembly now sitting have notice by a 
Message from the Governour, to be present at Council if they think fit. 



At a Council held at Philadelphia, May 4th, 1722. 

PRESEKT : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 

Richard Hill, Anthony Palmer, 

Samuel Preston, Henry Brooke, 

Andw. Hamilton, Att. Genl. James Logan, Secretary. 
Isaac Norris, 

PRESiiNT ALSO : 

Conestogoe Indians : Tacuttelence als Civility, Satcheechoa, the 
Messenger sent to the five Nations now returned, Tiollhanse, CoU- 
hageherad. 

Civility, Interpreter from the Minguay into the Delaware Lan- 
guage, & Edward Farmer, Sworn Interpreter from the Delaware into 
English. 

The Governour spoke to the Indians as follows. 

The Governour and his Council are here to receive the Words of 
their great friends and Allies the five Nations, And we are glad that 
our dear Brother Capt. Civility is also here to give us a faithful In- 
terpretation, that We may clearly see into the Hearts and Breasts 
oi" our good Friends. 

Civility says. That the Chiefs of the Shawanois & Cayugoes in- 
tended to have been present at this Council, but that Provisions being 
very scarce in their Towns, they could not leave their Families desti- 
tute of their Assistance. 

The Govr. desired the Indians to proceed & deliver what they had 
to say to him & his Council. 
Ansr. from the? Then Salcheechoe delivered the Answer of the 

5 Nations. 5 -^^^"^ Nations, which was interpreted as follows. 

That James Logan came up to Conestogoe from the Govr. on the 
News of one of their Cousins being killed, to acquaint them of our 
great sorrow for the unhappy accident, and had delivered a Belt of 
Wampum to wipe away their tears ; They had received that Belt, 
and now returned another also to wipe away ours. 



PROVINCIAL CorNCIL. 173 

He delivers another Belt of Wampum and says, That they are 
tlius fai- well pleased in what is done ; That they hope the Bones of 
the Dead man will be taken care of and kept in memory, & that they 
desire a good understanding may be preserved between them & us; 
That they have received also from the Govr. two Strouds which they 
will keep as long as they live, but do not receive them as any Satis- 
faction for the Loss of their Brother. 

He presents another Belt and says, That when James Logan de- 
livered the Belt to be sent to them, He said it was desired that two 
of their Kings or Chief men might come down to us to Agree upon 
what Satisfaction should be made to them for the Loss of their Re- 
lation ; That all things being well understood between them and us, 
no heartburning should be left ; They accepted that Belt & Message, 
and were willing that there should be no Heart-burning, and as a 
Token of it they sent this, Belt now presented in Return, but they 
would not come to us on this occasion. 

He presents another Belt from the Chief of all the Five Nations, 
who says, This Governmt. sent up two members of Council to Co- 
nestogoe upon this Business, but two Persons were not sufficient to 
make it up and answer for a whole Country. They expect a greater 
number of People, &; now send this Belt to require the Governourto 
go up to him, For as the offence was committed by the English, it is 
the Govrs. Duty to go up to them, and not theirs to come to us ; 
That this Belt is to shew the Governour that He may come safely to 
them, and when he is there all tilings shall be fully accommodated ; 
That they are now making War with the Cheekaragoes, but on the 
Governours coming they may make Peace with those People, & so 
have Peace with all the Main. 

He presents four small strings of Wampum & says. That these 
are sent as a string to draw away the Governour as by the arm im- 
mediately, even this day without any Loss of time that so all may be 
friends together. 

The Governour then told the Indians that he would cause notice to 
be given them when they should attend to receive his Answer. 

And the Council was adjourned to four o'clock in the afternoon. 

And accordingly, May 4th, P. M. 

present: 

The Honble Sir WILLIAM KIETH, Bart., Govr. ; and the same 
members as in the forenoon. 

The Message from the five Nations this day delivered to the Govr. 
in Council, in Answer to that sent them by the Secretary & Colo. 
French from Conestogoe, being now taken into Consideration; And 
the Govr. and every member present having severally delivered their 
Opinions of the nature of the answer to be returned them on the part 
of this Governmt., and the manner in which the same is to be con- 
veyed to their hands; It is recommended to the Secretary to draw 



174 MINUTES OF THE 

up the Resolutions of the Board thereupon, in order to be reported 
and approved by the Board to morrow morning, against which time 
the Govr. is pleased to undertake to prepare what may be proper to 
be said to our own Indians on this occasion, to be laid before the 
Board at the same time. 

Cartlidge's > Resolved, That John & Edmund Cartlidge be deli- 
Committee. 5 vered into the hands of the proper Magistrates in order 
to be prosecuted according to Law, and that they continue in Cus- 
tody of the Sheriffof Philada., by virtue of the Governrs. Commit- 
ment. 

The Governour acquainted the Board, that he had returned to the 
House of Representatives the Bills which the Council had under con- 
sideration, on Tuesday last the first inst., with the amendmts. then 
proposed, that since that time the Assembly having again sent up the 
said Bills, with their objections to the said Amendmts. He had by a 
message acquainted them, that to save their time & a Charge to the 
Country, He would not insist upon his amendmts. to the Impost & 
Negro Bills, but adhered to those made to the other Bills, viz.: to 
the Supplementary Act for the more effectual raising of County 
Rates & Levies, and the Bill for encouraging the making of good 
Beer &; Consumption of Grain in this Province. 

Which Bills, together with two other Bills sent up this afternoon 
from the Assembly, viz : An act for laying an Excise on Wine & 
Rum, & An act to prevent the Exportation of Flour not merchant- 
able, arc referred to Richard Hill, Saml. Preston, the Secretary & 
Attorney Gen!., who are appointed a committee to confer with a 
Committee of the House of Representatives upon the said Bills, with 
Power to make such Alterations & Amendmts. therein as they shall 
judge expedient, and are ordered to Report the same to the Board. 



At a Council held at Philadelphia, May 5th, 1722. 

PRESENT : 

The Monble Sir WILLIAM KKITH, Bart., Governour. 
Richard Hill, Isaac Norris, 

Saml. Preston, Thomas Masters, 

Henry Brooke, James Logan, Secretary. 

The Draught of the Message to the Five Nations, as also the Go- 
ternours Speech to be delivered to our own Indians, yesterday re- 
commended to be prepared were laid befor* the Board, and the 
subject matter of both further discoursed of and referr'd to the next 
meeting ofCouncil. 

The House of Representatives waited upon the Govr. according 
to order, and presented for his Approbation a Bill entituled An act 
for imposing a Duty on Persons convicted of heinous Crimes and im- 
ported into this Province. 



PROVINCIAL COUNCIL. 175 

To which the Govr. gave his Assent and passed it into a Law of 
this Province, and ordered the same to be sealed & pubUshed forth- 
with. 

The Governr. acquainted the Assembly, that the Bills which were 
sent him yesterday from their House were referred to a Committee 
of the Council, & desired that they would appoint a Committee of 
their House to confer with the said Committee of Council thereupon. 



At a Council held at Philadelphia, May 9th, 1722. 

PRESENT : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 

Kichard Hill, Isaac Norris, 

Saml. Preston, Thomas Masters, 

Ajidvv. Hamilton, Att Genl., James Logan, Secretary. 

The Secretary from the Committee of Council appointed on Friday 
last, y" 4th inst., to Confer with a Committee of the House of Re- 
presentatives upon the Bills then referr'd to them, reported the 
Amendmts. made to the said Bills, and particularly took notice of the 
Proposal made by the Committee of this Board, That there be a 
Clause inserted or added to the Supplementary Act for raising Coun- 
ty Levies, or in a separate Bill, For making Tickets for Elections 
distinct. 

A Bill sent up from the Assembly, entituled An act for the encou- 
ragmt. of raising Hemp in this Province & making the same Current 
Pay, was read and considered, to which several Amendments were 
proposed. 

Also two other Bills, viz : An act for settling a Ferry at Thomas 
Yardly's, &c., and An act for Establishing a Ferry at the end of the 
High Street of Philadelphia, were severally read & Considered ; To 
theiirstof which The Govr. has nothing to object, only recommends 
it to the House to review the Language & to give it a Title. 

As to the other, viz : That for establishing a Ferry at the End of 
the high Street of Philada. The Goyr. is of opinion that the ferry's 
now erected & used are sufficient for the present ; That there are 
divers considerable Works in the City now in Hand which ought first 
to be finished, & then the proposal may more seasonably be consi- 
dered. 

The Governour drew up the following Message to the Assembly, 
which was read and approved by the Board, and ordered to be sent 
to the House immediately. The Message was in these words. 
Mr. Speaker & Gentlemen of the Assembly : 

After I had received the answer of the Five Nations to our Message 
from Conestogoe, I did with a due Regard to the publick Justice of 



176 MINUTES OF THE 

this Government, & to what you had recommended to me from your 
House, give the necessary & proper orders by advice of the Council 
for committing & prosecuting John & Edmund Cartlidge according 
to the common Course of the Laws. But still I find that all our just 
expectations in the Issue of that affair, as well as in accommodating 
matters with the Indians to Content, are in danger of being frustrated 
if some Provision is not forthwith made by the Assembly for de- 
fraying the Charge & Expence that must necessarily attend the 
putting our Deliberations & Resolutions in Council into Practice. 

I must therefore desire that your House will now take the follow- 
ing particulars into your Consideration, &. to acquaint me with your 
Resolutions thereupon as soon as may be. 

1. That before the Govr. can promise to meet the Sachims of the 
Five Nations at Albany this Summer, as it seems they expect. It is 
necessary that the Assembly come to a Resolution to support the 
Charge of that Journey, and of the Presents that must be there made 
to the Indians upon renewing all our former Treaties of Friendship 
with them. 

2. That the House will please immediately to issue an order upon 
the Provincial Treasurer, to pay in Course what the Governour & 
Council thinks proper to be given to the Indians at their Departure, 
and to confirm what the Governour has now to say to the Sachims 
of the Five Nations by the Return of the same Messenger. 

S. That good & creditable men may be readily prevailed with to 
accept of the Vacancies which are now in the Commission of the 
Supreme Court, the Assembly will please to declare, whether they 
will make any allowance by way of Salary to the other Judges as 
well as to the Chief Justice, »Si how much may be expected for that 
service. 



At a Council held in the Court House in Philada., May 1 1th, 1722. 

PRESENT : 

The Honble Sir WILLIAM KEITH, Bart., Govr. 

Richard Hill, Isaac Norris, 

Saml. Preston, Colo. John French, 

Thomas Masters, Andw. Hamilton, Att. Genl. 

PRESENT ALSO : 

Edward Farmer & Alice Kirk, sworn Interpreters from the Eng- 
lish into Delaware, & Civility, Interpreter from the Delaware into 
the Minguay Language, and many other People & Indians. 

The Govr. made the following Speech, to be delivered by the Mes- 
senger Satcheechoe, to the Chiefs of the five Nations, in these words, 
viz: 



PROVINCIAL COUNCIL. 177 

2d message to ^ Tell my great Brother & good Friend, Saccun* 
y' 5 Nations. ^ cheuta, and the other Chiefs of the Five Nations, 
That we have with great pleasure received the Return of our faithful 
messenger Satcheechoe, and we joyfully accept the four Belts & 
Strings of Wampum which they sent to us by him. I am glad to 
find that the Brethren have open &, clear hearts filled with Love &c 
aflection to their friends here. My heart was indeed filled with 
sorrow for the Loss of our Brother who is dead, yet since my great 
friend Sacauncheuta & the rest of the Brethren desire us to wipe 
away our tears, we will dry them, but our Grief still remains. Our 
Message from Conestogoe was only sent to Express our sorrow, & not 
to offer any satisfaction for our Brothers death. We have already 
taken &, shall continue to pursue tke same measures with the offend- 
ers as if an Englishman had lost his Lile, but they must be judged 
by the Laws of our Great King, which make a difference between 
the case of a man Killed in a Quarrel through lieat of Blood, and 
when the Design is form'd in the mind before hand to destroy or kill 
a man. 

I would rejoice to see any of the Chiefs of the Five Nations here, 
and I would treat them like Brothers & true friends whom I loved. 
But I do not find in the written words of the Message sent from Co- 
nestogoe, by Sacheechoe, which my two Counsellors put down Sl 
brought back to us, that we desired any of the Chiefs of the great 
Five Nations to come to us just now. But when I have done what 
the Laws of our great King directs to be done, for punishing those 
who have caused us this Grief, then I shall be glad to see any great 
men that the Brethren will please to send either to Conestogoe or this 
place, and then every Link of that Strong Chain between us shall 
be made as bright & clear as the Sun. 

I would go with pleasure a great way to see my great friend Sa- 
cauncheuta &, the Brethren at their own habitations. But I cannot 
travel unless it be upon a Horse or in a Ship, and I am just now 
very busie with my Assembly making Laws to hinder the Christians 
from carrying Rum out in the Woods to hurt the Indians, that we 
may prevent any more occasions of bringing grief into our hearts. 

The Brethren know very well, that the Governour of Virginia has 
promised either to come himself or to send Ambassadors to meet 
them at Albany this Summer ; if therefore, my great ^ good friend 
the Governr. of New York will p'ease to go to Albany at the same 
time, I shall be glad to gu along with him, that I may eat, drink, & 
discourse with all the Brethren <Si open our Breasts to one another. 

I hope my great friends, the Sachims of the Five Nations, re- 
ceived all the words of Peace & Friendship which I spoke to their 
Ambassadors at (^nestogoe last Summer, and also the picture in 
Gold of the great King George my master, which I then sent to my 
great friend Kennygouhaa, as a token of the firm & lasting friend- 
ship then established between us and the five Nations. I rejoiced to 



178 MINUTES OF THE 

hear that the Ambassadors had also renewed & brightened the Chain 
with the Enghsh in Virginia. But I was very sorry & shed tears, 
when they told nrre that Ghesaont was dead, for I loved him as a 
Brother that had a brave & true heart. But I know the Brethren have 
many great & good men remaining still amongst them, and when- 
soever they please to consult with me, I will not only write & send 
messengers, but also go myself and labour to make peace for them, 
with any Nation or People who either are at War with them or 
threaten to disturb them. 

I hear that our Brother who is dead was a near Kinsman to my 
great friend Sacauncheuta, I therefore send him a mourning Ring off 
my ov/n finger, to be put upon his finger, to signify that I will al- 
ways have the same Regard for his Kindred as if they were my own 
Kindred, for after this manner it is that we remember the Death of 
our nearest Relations and friends amongst the English. 

Brother Satcheechoe, 

Tell the Great Five Nations, that as I am now in the place of the 
Great William Penn, their old friend and Governour of this Country 
under the Great King of England, I and all the English here under 
my Government are with open and true hearts> faithfull friends to 
the Five Nations, and so long as they keep their Leagues & Trea- 
ties with the English Governments, they may be assured & depend 
upon it that their friends shall be our friends, & so we shall remain 
as one People together by a Chain that can never be broken. 

To confirm these words. The Governour has instead of Belts sent 
to the Sachims of the Five Nations the following things, viz : 
Five of the finest Calico Shirts, 
five pair of fine Silk Stockings, 
five pair of Silk Garters, and 
five Silk Handkerchiefs. 

After which, The Governour spoke to the Conestogoe Indians ag 
follows J 

Friends & Brothers of Conestogoe : 
Speech to the> It makes our heaits glad to see how carefull & 
Conestogoes. 5 diligent you are to brighten the Chain & make it 
strong between us and your Kinsmen, our good Allies the Five Na- 
tions. 

We know the five Nations to be a Wise People but they live a great 
way off, and many words that we send to them & they send to us may 
be lost by the way & never told, because the English Interpreters do 
not understand the Indian Language so well as you. When at any 
time, therefore, you do not so clearly understand what we say for 
want of a good interpreter, you must look upon our faces and ob- 
serve our actions, for by that you will know our hearts and we shall 
do the same by you. 



PROVINCIAL COUNCIL. 179 

Friends & Brothers of Conestogoe, 

You are the same flesh and blood with us, and we are all men, 
sometimes wise & sometimes weak. You Honr. and Esteen:i a wise 
man amongst you, and so do we. But it any of our people committ 
a wicked & foolish action our Laws will punish him for it, and he 
cannot escape or buy it off, with any Ransom. Our Laws are all writ- 
ten down, and it is the will of our Great King that We obey them 
exactly even against our nearest Relation or Friend that does wick- 
edly, otherways we shall be punished ourselves. 

The chief Law amongst the English is, That when any man, let 
him be never so great, has done an injury to another man, let him 
be never so poor. We judge him after the same manner, and inflict 
the same punishment upon the guilty Person as if he had done the 
Injury to the greatest man amongst us. 

It is true. We delayed some time untill we heard from our good 
Friends the Five Fations. But now you see with your own eyes, That 
these men who are suspected to have kill'd your Kinsman and our 
Brother, must be tryed & judged by our Laws in the same manner 
as if they kill'd an Englishman ; And this is the will of our great 
King, who loves the Indians so much. That he Commands all his 
People to do the same Justice to them, and have the same Regard lor 
them as he constantly does, & shews to his own people on the other 
side of the great Lake. Whatsoever therefore you hear is done 
with these men, John & Edmond Cartlidge, do not think that it is 
done by us as we please, or that we can act after another manner to 
please any body, for it must be so done by force of the Laws of our 
Great King that are written down, and we cannot alter or disobey 
them in the least point, 

We have heard that it is a Custom amongst you, when an Indian 
happens to be Killed, that his Relations often demand & expect 
Money or Goods for satisfaction. But the Laws of our Great King 
will not suffer any such thing to be done amongst us. We first ex- 
amine all persons that can tell us the Truth, and if we find that 
any man who has killed another had thought upon it in his mind, 
and was resolved to commit that wicked deed, such a man by our 
Laws must die. But if we understand, that the man who was killed 
had provoked the other by doing any act whereby he intended to 
hurt him, so that he suddenly killed the man in his Passion without 
having time to consider or "think upon it. Our Law will not put 
such a man to Death the first time he commits that fault, But if he 
does so a second time by killing another man after the same man- 
ner, then he will be put to Death by the Laws of our Great King, 
which Laws must be strictly kept and obeyed without making any 
difference or distinction between the greatest and the poorest man 
amongst us. I say all these things to you that you may lay them up 
in your hearts, and tell them to your People & to your Children, 
and then they will know us to be just and good men, and that we love 
them as our own flesh and Blood. 

15 



180 MINUTES OF THE 

At a Council held At Philadelphia, May 12th, 1722. 

PRESENT : 

The Honble Sir WILLIAM KEITH, Bart., Govcrnour. 

Richard Hill, Colo. John French, 

Saml. Preston, Andr. Hamilton, Att. Genl., 

Thomas Masters, James Logan, Secretary. 
Isaac Norris, 

Several amendments were proposed to the Bill for regulating the 
Guaging of Cask in this Province. 

Upon the Consideration that was had of and Reasoning in Coun- 
cil, upon the Bill entituled An act for Tryal of Felonies committed 
in such parts df this ProvitiCe of Pensila. as are not yet limited 
within any particular County. It was generally observed, that the 
Constitution of the several Courts of Judicature within this Province, 
would in all respects be more regularly & effectually Established by 
Ordinance, as they are done in some of our neighbouring Governmts. 
than by any particular Commissions ; And the Board further consi- 
dering, that there did not seem to be any immediate want of such a 
Bill as that now before them, or at least that it could be thought on 
and prepared to much more advantage, after the Courts are Esta- 
blished by Law or Ordinance as aforesaid. It is recommended to 
the Governour to move the House of Representatives by a proper 
Message, that they will please to Concur in sentiments with this Board 
upon the same subject. 

POST MERIDIEM, of the same day. 

PRESENT : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 

Richard Hill, Saml. Preston, 

Andw. Hamilton, Att. Genl., James Logan, Secry. 

The House of Representatives, according to message, waited 
upon the Governour and presented the following Bills, which he 
passed into laws of this Province, viz: 

Laws > An act for laying a Duty on Wine, Rum, Brandy & Spi- 
Pass'd. \ rits, Melassoes, Cyder, Hops &> flax, imported, landed, or 
brought into this Province. 

An act for laying a Duty on Negroes imported into this Province. 

An act laying an Excise or Duty on all Wine, Rum & other Spi- 
rits, retailed in this Province. 

An act to prevent the Exportation of Flour not merchantable. 

An act for the Encouragemt. of making good Beer, & for the con- 
sumption of Grain in this Province ; and 

A supplementary Act to the act for the more effectual raising of 
County Rates & Levies. 



PROVINCIAL COUNCIL. 181 

At a Council held atPhilada., May I81I1, 1732. 

PRESENT : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 
Richard Hill, Anthony Palmer, 

Saml. Preston, Andrew Hamilton, Att. Genl., 

Thomas Masters, James Logan, Secretary. 

Isaac Norris, 

A Bill from the House of Representatives, entituled 
An act for Establishing Courts ol Judicature in this Province, was 
read, & several Amendmts. being proposed to it by the Board, the 
said Bill is referred to Richard Hilt, Isaac Norris, the Secretary & 
Attorney Genl, who are appointed a Committee to make their Obser- 
vations & Amendmts. thereupon, & to Report the same to the Board, 
as also there Amendments to the Bill, entituled 

An act for Encouraging the raismg of Hemp in this Province, 
which is likewise referred to the said Committee- 
Then was read a Bill, entituled 

An act for regulating the Gunging of Cask in this Provice. 
To which Bill several Amendments were proposed, 
As to the Bill entituled, An act for settling a Ferry at Solebury, in 
the County of Bucks. 

It is recommended to the House of Representatives to alter some 
parts of the stile, especially in the Preamble, and to amend it accord- 
ing to the Form used in former Bills of that kind. 



At a Council held at Philada., May t9th, 1722. 

PRESENT : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 
Richard Hill, Andr. Hamilton, Att. Genl., 

Thomas Masters, James Logan, Secretary. 

Isaac Norris, 

A Bill entituled. An act to prohibit the selling of Rum and other 
strong Liquors to the Indians, and to prevent Abuses that may 
happen thereby, was read & considered, and several amendments 
proposed thereto. 



At a Council held at Philada., May 22d, 1722. 

PRESENT : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 
Richard Hill, Isaac Norris, 

Samuel Preston, Thomas Masters, 

Andrew Hamilton, Att, Genl., James Logan, Secretary. 
Robt. Assheton, Esqr., > Robert Assheton, Esqr. having been sus- 
recalled to Council. 5 pended from the Council Board, by the 



182 MINUTES OF THE 

Governours order in Council, Novr. 7th, 1719. And the Govr. by 
his Letter of the 18th inst., having for the Reasons therein mention- 
ed, been pleased to desire his Attendance at this Board as formerly, 
the said Robert Assheton attended and took his place at the Board 
accordingly, very much to the satisfaction of all the other members 
present. 

Wm. Assheton, Esq. ) William Assheton, Esqr., Judge of his 
Called to Council. \ Majesties Court of Vice Admiralty for this 
Province, being called to this Board, by virtue of the Govrs. Letter 
of the 18th instant, gave his Attendance accordingly, and after his 
being qualified as the Law requires, & also having taken the Oath 
of a Counsellor for the Province of Pensilvania, & Counties of New 
Castle, Kent & Sussex upon Delaware ; He took his place at the 
Board. 

The Govrs. Letters to the said Robert & William Assheton, 
Esqrs., having been severally read at the .Board, were ordered to be 
Entered on the Minutes, & were as follows: 

Sir William Keith, Bart., Governonr of the Province of Pensilva- 
nia, &c. 

To Robert Assheton, Esq., Recorder of the City of Philadelphia. 
Sir, 

There being no person here that I know of, who is vested with 
any sufficient or Authentick Powers to take Charge of the Proprie- 
tors Interest & Estate in this Province, and I being desirous to have 
the Vacancies at the Council Board filled up with such as are Rela- 
ted to the Proprietors Family, in order to give me their best Advice 
on all occasions where that Interest happens to be concerned. I have 
therefore thought fit to desire you will, upon Receit hereof, give 
your Attendance at the Council Board in your usual place. And to 
that End I do hereby Annull & make void all former Orders that 
have been made for suspending you from the service unto which you 
are now called. 

Given under my hand & the Lesser Seal of the said Province, at 
Philadelphia, the isth day of May, Anno Dom., 1722. 

W. KEITH. 

Sir William Keith, Bart., Governour of the Province of Pensilva- 
nia, &c. 

To William Assheton, Esqr., Judge of his Majties Court of Vice 
Admiralty for the said Province. 
Sir, 

The great Trust you have in Charge from the Crown as Judge of 
his Majties Court of Vice Admiralty in this Province, your near Re- 
lation to the Honble Proprietors Family, and the Observation which 
I have made of your merit and skill in the Knowledge of the Laws, 
do sufficiently recommend you to me as a very fit person to Assist 



PROVINCIAL COUNCIL. 188 

me in iho Council of this Province, I do therefore hereby Nominate 
&; Appoint you, the said William Assheton, Esqr., to be a member 
of the Council from this date. And you are required to give your 
Attendance, in order to be Qualified, and take your place at the 
Board accordingly. 

Given under my hand & tlie Lesser Seal of the sd. Province, at 
Philadelphia, the 18th day of May, Anno Dom., 1722. 

W. KEITH. 

The Govr. laid before the Board, a Bill from the House of Pvepre- 
sentatives for raising the price or value of English Money & Dollars; 
Whereupon, the following Observations were made. 

To that of the English Money being raised. It is expressly against 
the act of Parliamt. for regulating the value of money, And therefore 
to Pass it would be doing an act directly against the Kings Charter 
to the Proprietor. 

To that ibr raising of Dollars, it is evident, that unless the Gold 
be also raised. We shall have Dollars brought from our -^.eigbouring 
Provinces, and given to us in exchange for Gold, so that We shall 
lose that Species of Coin which has an intrinsick value in it, and 
have nothing left but a parcel of Dollars, the value of which cannot 
be known because of the great abuses committed in the making of 
Dollars. 

It is therefore ordered that the said Bill be returned to the House 
with these Observations thereupon. And that it be delivered to the 
House as the opinion of this Board, that should the said Bill be passed 
into a Law of this Province, very great Inconveniences would ensue 
therefrom. 

In the Evening of the same day the House of Representatives 
waited upon the Governr. in Council, Who at their Request gave 
his assent to the Six following Bills, viz : 

Laws } An act for Establishing Courts of Judicature in this Pro- 
passed. ^ vince. 

An act to prohibit the selling of Rum & other strong Liquors to 
the Indians, & to prevent Abuses that may happen thereby. 

An act for encouraging the raising of hemp within this Province. 

An act for settling a Ferry at Soleberry, in Bucks County, over 
Delaware to New Jersey. 

An act to erect & establish a Ferry on the Lands of Thomas 
Yardly, of Makefield Township, in Bucks County; and 

An act for regulating the Guaging of Cask in this Province. 

The Speaker, by order of the House, gave the Governour the 
thanks of the House for Passing the said Bills, and presented him 
with an Order on the Provincial Treasurer for £500. After which, 

VOL. HI. 



184 MINUTES OF THE 

the Govr. made the following Speech, and delivered the same to the 
Speaker as follows. 

Mr. Speaker & Gentlemen of the Assembly -. 
Speech to the ? When we Reflect upon the accidents & Difficulties 
Assembly. 3 that have occurr'd to us during this Assembly, and 
the Candid friendly Intercourse & manner by which they have been 
at last happily composed. We must perceive & be convinced, That 
not only the Form of Civil Government, but even Justice itself cannot 
be upheld & duely Admlnistred, without such a Share of humanity 
& Condescention as is necessary to beget a sincere confidence be- 
tween Me & the Representatives of the People. 

Every just & good man, before he undertakes any office in Go- 
vernment, ought well to consider the End & Design of that Trust 
wherein he is to be employed, which He will constantly preferr to 
all other views or appendent Advantages whatsoever. It being there- 
fore the Purport «Sj Natural Tendency of all Civil Governmeut To 
Promote the Prosperity and to Secure the Peace and Happiness of 
the Governed, And we being convinced by Right Reason as well as 
instructed from Experience, That there is not any better means ean 
be proposed for attaining this End, Than by adhering steadily to the 
Execution of that Body of Admirable Laws, which have been com- 
posed & so carefully transmitted to the Brave & free People of Eng- 
land, by the Wisdom of their Ancestors it follows. And so I hope 
we shall ever Conclude, That the safest & most satisfactory way to 
promote & secure the Peace & Happiness of the Good People of 
Pensilvania, will be to administer Impartial Justice 'in all cases what- 
soever according to the known and Established Laws of the Land ; 
And as this will be our best and surest Defence against the outrages 
of the Wicked, so this excellent plain Rule, will one time or other 
most certainly bring to Light and overcome the hidden dark Projects 
& mistaken wisdom of ill designing men, if there be any such 
amongst us. 

Gentlemen : I heartily thank- you for the support you have given 
me this year, and while I am Conscious to myself that I have in all 
things relating to the Duty of my present Station Faithfully served 
the King, and at the same time have omitted no opportunity to main- 
tain, Establish and Transmit to Posterity the Just Liberties and 
Privileges of the Free People whom you represent, I shall never 
doubt their ChearfuU Inclinations and hearty good will, to grant me 
from time to time an Honble and Reasonable Support. 

Then the House of Representatives withdrew, & the Council w?^ 
adjourned. 



PROVINCIAL COUNCIL. 185 

At a Council held at Philadelphia, May 28th, 1722. 

PRESENT : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 

Richard Hill, Samuel Preston, 

Antho. Palmer, Robert Asshe'on, 

Thomas Masters, Andrw. Hamilton, Att. Genl. 

William Assheton, James Logan, Secretary. 

Upon Consideration of the State of the Magistracy of this Pro- 
vince, & of the Forms of the several Commissions by which they 
are empowered to Act in their Respective Stations, It is judged ne- 
cessary that Commns. of the Peace be forthwith Issued by the Govr. 
for the Respective Counties of this Province; And the Board is of 
Opinion, that the Forms heretofore used before the late Repeal of the 
Laws for establishing Courts of Judicature in this Province, will be 
a good precedent for the Draught of the said Commissions. 
New Comm'ns > Accordingly the Govr. was pleased with the ad- 
of the Peace. 5 vice of the Board, to Nominate Gentlemen to be his 
Majties Justices of the Peace for the respective Counties of this Pro- 
vince, and ordered the Commissions to be prepared forthwith. 

Elisha Gatchel, Esqr., one of his Majesties Justices of the Peace in 
Chester County, presented to the Board an Accot. of £4, 2, disbursed 
by him in part of the Charge of two Expresses sent by the Govr. of 
this Province to the Govr. of Maryland last Winter & Spring, occa- 
sioned by some injuries done to the Inhabitants of Nottingham 
Township, in Chester County, by some people from Cecil County, in 
Mary Land, under pretence of Levying Taxes there by virtue of 
Warrants from Maryland, &c., and there being also due to William 
Reynals £4, 10, for going to Anapolis as one of the said Expresses, 
for which the Govr. gave him an Order on the Treasurer of Chester 
County, & is not yet paid. 

Hereupon, it was the Opinion of the Board, that the said Expres- 
ses having been dispatched upon the motion, and for the immediate 
Service ^ Security of the Inhabitants of Chester County, & the 
Taxes of the sd. County being considerably increased by their Col- 
lections from Nottingham Township, it is therefore reasonable that 
the Charge of the said two Expresses, being only £8 12, should be 
paid by the sd. County of Chester, & not be Charged as a Debt upon 
the Province. 

Philip Syngs^ Philip Sjng, of Philada., Silversmith, having been 
atfair. ^ yest-^rday Committed into the Custody of the Sheriff 
of Philada., by the Govrs. Warrant, grounded upon the Affidavits of 
Robert Baker and James McClean, taken before Francis Worley,Esqr, 
one of his Maties Justices of the Peace for the County of Chester, at 
Conestogoe, the 21st of May inst., Whereby it appears that the said 
Philip Syng, upon the 20th inst., did say, that the Tract of Land 
upon the West side of Susquehannah, lately Surveyed by Wiliiam 



186 MINUTES OF THE 

Keith, Bart., Governour of this Province, did belong to him the said 
Philip Syng & Company, by a Mary Land Title, and That the said 
Tract of Land was lately Surveyed by his Order & for his use by 
a Surveyor from Mary Land, thereby endeavouring as mucli as in 
him lyes, not only to defraud the Propr. of this Province of his just 
Rights, but also to create a misunderstanding between this Govmt. 
and its good Neighbours of Mary Land, and to disturb the Indians 
settled upon Sasquehannah River under this Governmt. at this Junc- 
ture, when it is requisite to give them all possible Satisfaction- And 
the Sheriff being ordered to attend with his Prisoners, He was called 
in, and being examined upon the matters alledged agst. him in the 
before Recited Affidavits, made Answer to the several Interrogatories 
put to him, as follows. 

Q. Have you surveyed any Lands by virtue of a Mary Land 
Right upon the West Bank of Sasquehannah, viz ; that place known 
by the name of the Mine ? 

A. I have. 

Q. How much Land did you then Survey ? 

A. Two Hundred Acres. 

Q. By what Surveyor? 

A. John Dussey, a Surveyor in Mary Land. 

Q. How came you to think that place was in Mary Land / 

A. I was informed so. 

Q. When the Govr. met with you on the 4th of April, at Patti- 
sons, had you then made this Survey ? 

A. No. 

Q. Did not the Governour then acquaint you that that place was 
not within the Limits of Mary Land, and that if you presumed to 
make any Survey then He would Committ you ? 

A. I do remember that the Govr. said if he had found us there it 
would have ammounted to a severe Fine, but as to the rest I have 
forgot. 

Sic Subscr. A. Hamilton. 

Then the sd. Philip Syng was ordered to withdraw. 
Philip Syng ^ Upon Consideration of the premises, Richard Hill. 
Committed. ^ Esqr., one of the Judges of the Supreme Court, being 
present, it was moved that he should Avithdraw & Commit the said 
Philip Syng into the Sheriff's Custody, in order to be prosecuted ac- 
cording to Law, which he did accordingly. 

The Clerk produced the Returns of two several Roads, viz : one 
from the Govrs. Settlement at Horsham to the New York Road, 
and the other from the Intersection of the New York Road with the 
Division Line between the Counties of Philada. and Bucks, which 
being read and approved. 

The said Roads by Order of the Board are Confirmed. 



PROVINCIAL COUNCIL. 187 

The Returns are as follows, vizt : 

April £3d, 1722. Pursuant to an Order of the Govr. and Council, 
to lay out a Road from the Governours Settlempnt, in Horsham, to 
the Meeting House there, and from thence to New York Road at 
Round Meadow Bridge. We, the underwriters, have laid out the 
same according to the Surveyors Return hereunto annex't. 

ROBERT FLECHER, 
PETER CHAMBERLIN, 
RICHARD CARVER, 
THO. lUEDELL, 
JOHN BARNES, 
ELLIS DAVIS. 

Horsham Road ^ April 23d, 1722. Laid out a Road according 
Confirmed. ^ to the Direction of a Jury appointed to lay out the 
same : Beginning at the Governours new Building, in Horsham, in 
the County of Philadelphia ; Thence South forty six Degrees West- 
erly forty three perches ; Thence South forty lour Deg. Easterly 
Ninety seven perches ; Thence South Seven Deg. Easterly One hun- 
dred forty eight perches ; Thence South East forty eight perches ; 
Thence South forty Deg. Easterly One hundred seventy seven per- 
ches ; Thence South four Deg. East One hundred seventy eight per- 
ches ; Thence South ten deg. West forty six perches ; Thence South 
•Sixty Deg. East Thirty two perches ; thence South Six Deg. East 
twelve perches ; Thence South thirty two deg. East Ten perches ; 
Thence South thirteen Deg. East eighty four pers. to the Meeting- 
house; Thence South four Deg, East eighty six perches; Thence 
South East Thirty two perches ; Thence South Sixteen Deg. East 
Sixteen perches ; Thence South Eight Deg. West One hundred per- 
ches ; Thence South twenty Deg. West twenty four perches; Thence 
South four deg. East twenty six perches ; Thence South fourteen 
deg. East One hundred perches ; Thence South five Degrees East 
Ninty two perches ; Thence South Sixteen East Thirty six perches; 
Thence South Ten West Forty perches ; Thence South Eighteen 
perches ; Thence South thirty four Deg. West fourteen perches ; 
thence South fifteen deg. West Six perches ; Thence South fifteen 
deg. East Fifty two perches ; Thence South five deg. West seventy 
eight perches; Thence South ten Deg. East Ninety five perches ; 
Thence South twenty two deg. East Seventy six perches To New 
York Road at Round Meadow Run, 

NICHO. SCULL. 

April 24th, 1722. Then run out a Road, beginning at the Inter- 
section of New York Road with ihe Division Line, between the 
Counties of Philadelphia & Bucks ; Thence North West along the 
sd. Line One Thousand Two hundred Seventy four Perches to a 
Black Oak tree standing by a Path leading from Richd. Sanders 
Ferry, on Neshamony Creek, to Edward Farmers, Miller. 

NICHO. SCULL. 



188 MINUTES OF THE 

Pursuant to an order of the Govr. 6l Council, To Lay out a Road 
t rom the Intersection of the New York Road with the Division Line 
between the Counties of Philadelphia & Bucks, and from thence up- 
ward as far as we should judge Convenient. We have accordingly 
Laid out the said Road according to the above Return of the Survey- 
or, as Witness our hands, this 24th of April, 1722. 

PETER CHAMBERLIN. 
RICHARD CARVER, 
THO. IREDELL, 
JOHN BARNES, 
ELLIS DAVIS. 



At a Council held at Philada., July 2d, 1723. 

PRESENT : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 

Richard Hill, Robert Assheton, 

Samuel Preston, Thomas Masters, 

Colo. John French, Wm. Assheton, 

Andw. Hamilton, Att. Genl., James Logan, Secretary. 
Isaac Norris, 

The Govr. having sent a Letter by Express from Conestogoe, the 
18lh of last month, to the Gentlemen of the Council here, the said 
said Letter with the Councils Answer to the same were read, and 
are as follows. 

Govrs. Letter to the ? To the Gentlemen of the Council at Phi- 
Gentln. of the Council. 5 ladelphia. 
Gentlemen : 

Finding the Indians, since I came last here, to be very much alarm'd 
with the noise of an intended Survey from Mary Land, upon the 
Banks of Sasquehanna, I held a Council with them at Conestogoe, 
upon Friday & Saturday last, wherein I proposed to them to Cause 
a large Tract of Land to be surveyed on the other Side of that River 
for the Proprietor, to begin from the Upper Line of my New Settle- 
ment six miles back, & extending downwards upon the River as far 
as over against the mouth of Conestogoe Creek. 

They were all exceedingly pleased with this Proposition, and 
pressed to have it immediately done, which I fully designed as soon 
as I got home with the Assistance of your Advice, & accordingly I 
set out yesterday morning to Return to Philadelphia bj way of New 
Castle, and after I had rode twenty miles to a place called the long 
Marsh, I received the inclosed Letter by Express, that inform'd me 
the Mary Landers were to set out for Sanquehanna this day. Upon 
consulting with Colo. French, who has been with me all along, I 



PROVINCIAL COUNCIL. 189 

ycturned immediately to this place, with a Resolution to go over 
Sasquehanna & see tlie above Survey made and run out directly, 
and I purpose to begin it to morrow morning, and to cause a Return 
thereof to be made to thfe Governour & Council. In the mean time, 
I have directed a Company of the Militia from New Castle to march 
to Ouchteraroe, where they are to wait for my further orders. And 
because the Magistracy every where are at a loss what measures to 
follow in Cases of this nature, for want of being instructed, how far 
their Powers and Authorities may Reach. I am fully determined 
with your Advice to take this opportunity of running the old Auch- 
teraroe Line as far West as the Branches of Patowmack, for accord- 
ing to my present view of their proceedings in Mary Land, I cannot 
think of any other eflectual method for preserving the Peace. I 
will, however, wait for your Sentiments m a matter of such impor- 
tance, & I desire your Answer with all speed to be sent to me if you 
think fit by some of your own number. 

There bemg no bread Corn to be had in these parts, I desire you 
will concur with me in directing the Provincial Treasurer to hire a 
Waggon, & Send up directly 1000 wt. of Bread, 3 Bushels of Salt, 
&c 40 Gallons of the best Rum, with Sugar proportionable. 
I remain. Gentlemen, 

Your very humble servant, 

W. KEITH. 

From Francis Worley's, near Conestogoe, June 18th, 1722. 

P. S. As soon as I receive your Answer I purpose to send an Ex- 
press to the Governor of Mary Land. 

THE ANSWER. 
May it please the Governr. : 

In obedience to a Summons, We met this morning to receive the 
Governours Commands, upon which George Barclay communicated 
a Paper from the Governour directed to us upon several heads, which 
having duely considered as far as they concern this Board, We 
humbly offer our Sentiments of them as follows. 

As the Govr. has since his Accession to this Governmt. given 
evident proofs of his Abilities in managing the Affairs of the Pub- 
lick. We shall not here take upon us to form any judgment of his 
Treaties with the Indians on matters with which We cannot at this 
distance be duly acquainted, But undoubtedly it will be of Service to 
keep the Notions of these people right in relation to any Incroach- 
ments made or intended by Mary Land, nor can we conceive that it 
lies before us as a Council of State to Concern ouri^elves with Sur- 
veys of the Proprietors Lands. The Govr. has the best reason to be 
acquainted with his Powers & Instructions in those affairs to which 
we must wholly refer Him. 

As to running a Line from the mouth of Octararoe Westward to 
Patovvmeck, since it is a matter of such a nature asmav Concern the 



190 MINUTES OF THE 

peace of the Publick, We think it our Duty more freely to speak it, 
and most say, That could it be done by Concert between the 
Governrs. of both Provinces and fixed as a Boundary by Consent, not 
to be passed till such time as the Division Line is settled by either 
side, VVe believe it would be very happy and contribute much to the 
tranquility of the whole ; But if that cannot be done, we are appre- 
hensive that the Attempt at this time might only occasion further 
Disturbances without proving any manner of Security. By the Govrs. 
prudence & Care a very good understanding has hitherto been 
maintained between the two Govermts. of Mary Land <fe this Pro- 
vince, and we have still reason to hope that notwithstanding the 
Warmth & rashness of some Borders on the side of Mary Land and 
the Reports taken up there, yet that worthy Gentleman their Gover- 
nour will not easily be induced to violate those pacific measures he 
has hitherto taken. We could therefore wish, that before any thing 
be attempted on the part of this Govermt. which may occasion a 
Breach or give an uneasiness. 

The Govr. would be pleased first to Treat, & if there be occasion, 
to expostulate with Colo. Calvert upon the Tendency & Consequence 
of any other measures than such as have hitherto been taken. But if 
that Governmt. should forcibly proceed to make such Surveys as 
have been talked of, they ought, we conceive, to be diverted from it 
by all the methods that can safely & justifiably be used among Sub- 
jects to the same Sovereign, but no other ; And we doubt not but the 
Governour in his prudence will always have this in view, that no 
hasty steps be made which may involve us in greater Difliiculties, 
and lead us into Inconveniences which we might when too late wish 
to have recalled. 

These, may it please the Governour, are our Sentiments upon 
what the Govr. has been pleased to refer to us. We heartily approve 
of his hastening an Express to the Govr. of Maryland. AVe are trou- 
bled to hear of the Scarcity of Provisions there, but seeing the Govr. 
has not mentioned to what publick use the Bread, Salt, Rum & Sugar 
he desires is to be applied. We cannot with Submission understand 
that this Board can regularly or justifiably concern themselves in 
ordering it. We are with all due Respect, 
The Govrs. assured Friends, 

Robt. Assheton, Richard Hill, 

A. Hamilton, Isaac Norris, 

Tho. Masters, Saml. Preston, 

William Assheton, Anthony Palmer, 

James Logan, 
Philada., 20th June, 1722. 

The Govr. laid before the Board the Minutes of the Councils, held 
by him with the Indians at Conestogoe, the 15th & 16th of last 
month, and a Copy of his Letter to Colo. Calvert, Govr. of Mary 
Land, sent him by Express from Sasquehannah the 23d of last 



PROVINCIAL COUNCIL. Ipl 

month, also a Warrant of Survey for Surveying a Tract of Land on 
the other side of Sasquehanna River, for the use of the Proprietor, 
with the Return thereof; All which were read, and ordered by the 
Govr. to be entered upon the Minutes of this Board, and are as fol- 
lows : 

AtaCouncil with the Indians held at Conestogoe, June 15th, 1722. 
present: 
Sir WILLIAM KEITH, Bart., Govr. 

Colo. John French & Francis Worley, Esqrs. 

The Chiefs of the Conestogoe, Shawana & Ganaway Indians; 
Smith, the Ganaway Indian, & James Le Tort, Interpreters. 

The Govr. spoke as follows. 
Friends & Brothers : 

The Belts which I lately received from the five Nations signify, 
that they are one People with the English, and our very kind neigh- 
bours & friends. They invite me to come to them, and I purpose in 
a short time to go & meet them at Albany, and make the Chain be- 
tween us as bright as the Sun. When they see me they will remem- 
ber their great Friend Wm. Penn, and then our hearts will be filled 
with Love and our Councils with Peace. 
Friends & Brothers : 

You say you love me because I came from your father, Wm. Penn, 
to follow his peaceable ways, and to fullfill all his kind promises to 
the Indians, you call me Wm. Penn, and I am very proud of the 
name you give me ; But if we have a true love for the memory of 
Wm. Penn, We must now shew it to his Family & to his Children 
that are grown up to be men in England, and will soon come over to 
represent him here. Last time I was with you at Conestogoe, you 
shewed me a parchment which you had received from Wm. Penn, 
containing many articles of Friendship between him &; you and be- 
tween his Children & your Children ; You then told me He desired 
you to remember it well for three Generations, but I hope you and 
your Children will never forget it. That Parchment fully declared 
your Consent lo Wm. Penns purchase & Right to the Lands on both 
sides Sasquehanna ; But I find both you & we are like to be dis- 
turbed by idle People from Mary Land, and also by others who 
have presumed to Survey Lands on the Banks of Sasquehanna, 
without any Powers from Wm. Penn or his children to whom they 
belong, and without so much as asking your Consent. 

I am therefore now come to hold a Council & consult with you 
how to prevent such unjust practices for the future. And hereby wc 
will shew our Love & Respect for the Great Wm. Penn's children 
who inherit their fathers Estate in this Country, and have a just 
right to the hearty Love & friendship of all the Indians promised to 
them in many Treaties. I have fully considered this thing, and if 

16 



192 MINUTES OF THE 

you approve my thoughts, I will immediately cause to take up a 
large Tract of Land on the other side of Sasquehanna for the Grand- 
son of William Penn, who is now a man as tall as I am ; For when 
the Land is marked with his name upon the Trees, it will keep off 
the Mary Landers and every other Person whatsoever from coming 
to settle near You to disturb you, And he bearing the same kind heart 
to the Indians which his Grandfather did, will be glad to give you 
any part of his Land for jour own use and Convenience; but if 
other people take it up they will make Settlements upon it, and then 
it will not be in his power to give it you as you want it. 
My Dear Friends & Brothers : 

Those who have any wisdom amongst you must see & be con- 
vinced that what I now say is intirely for your Good, for this will 
effectually hinder and prevent any Person from settling Lands on 
the other side of Sasquehannah according to your own Desire, and 
consequently You will be secure from being disturbed by ill neigh- 
bours, and have all that Land at the same time in your own power 
to make use of. This will also beget a true hearty Love & friend- 
ship between you, your children, and the Great VVm. Penn's Grand- 
son, who is now Lord of all this Country in the room of his Grand- 
father. It is therefore fit & necessary for you to begin as soon as 
you can to express your Respect & Love to him ; He expects it from 
vou according to your promises in many Treaties, and he will take 
it very kindly. 

Consider then, my Brothers, that I am now giving you an oppor- 
tunity to speak your thoughts lovingly & freely unto this brave 
young man, Mr. Penn's Grandson ; And I, whom you know to be 
your true friend wi!l take care to Write down your Words, and to 
send them to England to this Gentleman, who will return you a kind 
Answer, and so your hearts will be made glad to see that the Great 
Wm. Penn still lives in his Children to love and serve the Indians. 



At a Council with the Indians held at Conestogoe, June 16th. 
1722. 

present: 

Sir WILLIAM KEITH, Bart., Governour. 

Colo. John French & Francis Worley, Esnrs. 

The Chiefs of the Conestogoe, Shawana & Ganaway Indians ; 
Smith and James Le Tort, Interpreters. 

The Indians spoke in Answer by Tawenea, as follows ; 

Tnev have Considered of what the Govr. proposed to them yes- 
terday, & think it a matter of very great importance to them to 
hinder the Mary Landers from Settling or taking up Lands so near 
them upon !?asquehanna. They very much approve what the Govr. 
spoke, and like his Counsel to them very well, but ihey are not wil- 
ling to discourse particularly on the Business of Land lest the five 
Nations may reproach or blame them. 



PROVIxNClAL COUNCIL. 193 

They declare again tlieir satisfaction witii ail tliat tlie Governour 
said yesterday to them in Council: And allho' they know that the 
iive Nations have not any Right to these Lands, & that four of the 
Towns do not pretend to any, yet the fifth Town, viz: the Cayu- 
goes are allvvays claiming some I\ight to Lands on Sasqueliannah, 
oven where they themselves now live ; wherefore, they think it will 
be a very proper time when the Govr. goes to Albany to settle that 
matter with the Cayugoes, & then all parties will be satisfied. 

They ask the Govr. whereabouts & what quantity of Land does he 
propose to survey for Mr. Penn. It is answered, from over against 
the mouth of Conestogoe Creek up to the Govrs. new Settlement, 
and so far back from the River as no Person can come to annoy or 
disturb them in their Towns on this side. 

They proceed & say, That they are at this time very apprehen- 
sive that People will come when the Gfovr. is gone to Albany &, 
survey this Land; wherefore, they earnestly desire that the Govr' 
will immediately cause the Surveyor to come & lay out the Land: 
for Mr. Penn's Grandson to secure them, & they doubt not but the 
Govrs. appearance & conduct afterwards at Albany will make all 
things easy there. 

Copy of the Governour of Pensilvania's Letter to the Governour 
of Mary Land, Dated from Newberry, on Sasquehanna, June 23d, 
1722. 

Sir : After 1 had been here some days I set out on Sunday morn- 
ing last from Conestogoe towards New Castle, by way of Notting- 
Inm, not without some hopes of having the happiness to meet yoa 
about the head of the Bay, from whence I daily expected to hear 
from you. But after I had proceeded twenty miles on my Journey, I 
received an Express on the road from two Magistrates of Pensilva- 
nia, informing me that they, with some others, had been taken Pri- 
soners by a Party of men in Arms from Cecil County, &, carried 
before the Justices of that Court, who detained them in Custody two 
days, and afterwards dismissed them upon a verbal promise to appear 
There next Court. They also acquainted me of their being certainly 
informed by the Cecil Magistrates, that a Warrant was issued by 
Mr. Lloyd, for surveying a Mannor to my Lord Baltimore, upon the 
Banks of the Sasquehanna above Conestogoe, including this Settle- 
ment, from whence I now write, and that an order had been issued 
by yourself in Council to press Men & Horses for that Service, and 
that they were to set out from Baltimore on Munday, viz : next Day, 
under the Command of one Capt. Dursey. Nor Sir, tho' I did not 
by any means give credit to all this Relation, yet knowing the weak- 
ness & former attempts of some of your people of whom I have 
formerly complained to yourself, who justly bear the Character of 
Land Pyrates, I was resolved to put it out of their power on this oc- 
casion to embroil us by their ridiculous projects, and returning im- 
mediately to Conestogoe, where I indeed had left the Indians but 
f wo days before, much alarmed wt. general Reports, that the Mary 



194 MINUTES OF THE 

Landers were coming to Survey the Lands wch no reasonable man 
could then believe. I now did, at the earnest Request of the Indians, 
order a Survey to be forthwith made upon the Banks of Sasquahan- 
na, right against our Indian Towns, And you will find the Reasons 
I had for it more fully set forth in a Copy of the Warrant of the 
Survey here inclosed. As I found this absolutely necessary to be 
done for quieting the Indians, as well as to prevent the mischief 
which might happen upon any of your Peoples presuming to en- 
croach upon what these Heathens call their own Property ; so like- 
wise, it appeared to me to be the only method I could take at this 
Juncture for preventing our own people from taking up or settling 
Lands on this side, to disturb or hamper the Indians, unto whom this 
Province is bound by old Treatys to give them a full scope & Liber- 
ty in their Settlements from the Christian Inhabitants. 

But that all things of this nature may be carried on with that 
Openness of Heart & perfect good understanding which I am sure 
we both desire, and that your own prudent mild Conduct may be 
strengthened with all the Arguments lean furnish you for putting a 
just Restraint upon that Covetous & most licentious Humour with 
which you see we are continually plagued, I thought it my Duty 
without delay to acquaint you by Express with all that has been 
done here with the Reasons at large. 

Perhaps some ignorant, or I should rather say designing people, 
will endeavour to persvvade you that this place is upon the Border of 
Mary Land ; Whereas in Truth, there cannot be a clearer Demon- 
stration in any thing of that nature, than that it is about twelve miles 
to the Northward of Philadelphia, and I am sure I nee'd not say no 
more to convince you that at least I have good Reason to insist upon 
its being within the Limits of this Province, without all manner of 
Dispute. 

My fatigue in the Woods has brouglit a small Fever upon me 
which an ounce of Bark has pretty much abated, so that to mtuTow 
I shall return home by slow Journeys directly to Philadelphia, where 
I should rejoice to see you once more, but in all places & at all times 
I shall be, while living, most faithfully, &.c. 

W. KEITH. 

Copy of the Warrant for Surveying the Mannor of Springets- 
bury. 

Sir William Keith, Bart., Govornour of the Province of Pensilva- 
nia, &c. 

T'o Colo. John French, Francis Worley, & James Mitchell, Esqrs. 

Whereas, the three Nations of Indians settled on the North side 
of the River Sasquahannah, in His Maties Peace & under the protec- 
tion of this Government, viz : The Conestogoes, The Shavvanoes & 
The Cawnoyes, are very much disturbed, and the Peace of this Co- 
lony 13 hourly in danger of being broken by persons, who pursuing 
their own private gain without any regard to Justice, Have attempted 



PROVINCIAL COUNCIL. 190 

Ai others do still threaten to Survey and take up Lands on the 
youth West Branch of the sd. River, right against the Towns & 
Settlements of the said Indians, without any Right or pretence of 
Authority so to do, from the Proprietor of this Province unto whonv 
the Lands unquestionably belong. 

And whereas, it is reasonable &, agreeable to former Treaties 
with the Indians, that a sufficient quantity of Land upon the Soutli 
West side of the River Sasquahannah be reserved in the Proprietors 
hands, for accommodating the said Indian Nations when it may here- 
after be thought proper & convenient for them to remove their Set- 
tlements further from the Christian Inhabitants. 

And Lastly, Whereas, at a Treaty held between the Indians and 
me, at Conestogoe, the 1 5lh & l6th days of this instant. They did 
earnestly desire & request me forthwith to Cause a large Tract of 
Land, right against their Towns upon Sasquahannah, to be surveyed 
&, located for the Proprietors use only ; EJecause, from his Bounty 
& Goodness, they v/ould allways be sure to obtain whatsoever was 
necessary & Convenient for them from time to time. 

These are, therefore, by Virtue of the Powers wherewith I am 
Entrusted for the Preservation of his Majesties Peace in this Pro- 
vince, & with a due Si perfect regard to the Proprietors absolute 
Title &: unquestionable Rights To Authorize, Impower & Command 
you, the said Colo. John French, Francis Worley & James Mitchell, 
with such of the neighbouring inhabitants as you shall think fit to 
call to your assistance immediately to cross the River Sasquahaniia, 
and to survey or cause to be surveyed, marked and Located, the 
quantity of 70,000 acres or thereabouts, in the name & for the use 
of the Honble Springet Penn, Esqn., which shall bear the name and 
be called The Manner of Springetsburg, Beginning your Survey as 
near as you can upon the South West Bank of the River Sasque- 
hannah, over against the mouth of Conestogoe Creek; from thence 
by a Line W. S. W. Distance Ten miles more or less ; from thence 
by a Line N. W. b N. Twelve miles more or less ; thence by a 
Line E. N. E. untill you meet with the uppermost Corner tree of 
my Settlement called Newberry ; from thence S. E. b S. along my 
head Line untill you come at my Southern Corner tree in the Woods ; 
from thence down the Side Line of my Land E. N. E. untill you 
come at the River Sasquahannab, & from thence by the said Rivers 
side unto the place where you first began, which Line will be the 
fourth Side of the said Survey, and when it is done & finished, You 
are to make a Return thereof upon the back of this Warrant unto 
the Govr. & Council of Pensilvania ; For which this shall be unto 
you, the sd. Colo. John French, Francis Worley & every of you, a 
sufficient Warrant Power & Authority. Given under my hand & 
Seal, at Conestogoe, the 18th day of June, in the Eighth year of 
our Sovereign Lord George, Annoq. Dom. 1722. 

Signed, W^ KEITH. 

VOL. III. 



196 MINUTES OF THE 

THE RETURN. 

To his Excellency the Governour and the Honble Council of 
Pensilva. 
May it please your Excellency : 

In obedience to the within Warrant to us directed, We did, upon 
the nineteenth & twentieth days of this instant, June, begin & Com- 
pleat the Survey of the Manner of Springets-Bury, upon the River 
Sasquahannah, in manner following, viz: From a Red Oak upon 
the said River (by a Runs side called Penns Run) mark'd S. P. ; 
West South West Ten miles lo a Chesnut (by a Runs side called 
French's Run) mark S. P. ; from thence North West &> by North to 
a Black Oak mark'd S. P. twelve miles ; from thence East North 
East to Sir William Keiths weitern Corner Tree in the woods Eight 
miles ; from thence along the South East and North East Lines of 
tiie said Sir William Keith Tract called Newberry unto the River 
Sasquahanna again, and from thence along the River Side to the 
place of Beginning, The whole containing Seventy five Thousand 
five Hundred & Twenty acres, according to a Plan thereof hereunto 
annexed, all which is humbly submitted by 
Yr. Excellency's 

Most humble & obedient Servants, 

JOHN FFRENCH, 
FRAN. WORLEY, 
JA. MITCHELL. 

At Newberry, June SUt, 1722. 

Which proceedings of the Governour, so far as they Concern or 
touch with the Proprietary Affairs of this Province, are judg'd by 
the Council not to lie before this Board, Colo. French only, to whom 
the Warrant of Survey was Directed, Declared that as he had been 
a constant Witness to the Govrs. late Transactions with the Indians 
at Conestogoe, and by virtue of the Govern rs. Warrant (wherein 
the true Reasons and Motives for such a procedure are amply (V. truly 
set forth) to him directed for that purpose, has Survey'd the Manner 
of Springets Bury, He was humbly of opinion, that the Govr. had 
acted with great Prudence & Caution in pursuing the only effectual 
measure which the present Situation of affairs would allow, for quiet- 
in"- the minds of the Indians and preserving the public peace ; And 
since the Honble S[)rin<ret Penn was in his opinion the late Proprie- 
tors heir at Law, whatsoever turn the affairs of that Family might 
take in older to re-settle the Property & Dominion of this Prevince, 
He did not see or comprehend how the Governs, having caused 
these Lands to be survej'd after the manner which is here returned, 
could be interpreted or Deemed to the prejudice of a Family for 
whose service it was so plainly meant and intended. And as he really 
thought the Govrs. Care & Toil lately taken in the public Service, 
highly deserved the particular thanks of this Board & the Govern- 
ment in General, So he could not doubt but those of the late Proprie- 
tors Family, who are living, will reasonably & justly conclude, that 



PROVINCIAL COUNCIL. 197 

the Govr. on this occasion has taken true Pains to support their 
Rights, by plainly acting with a hearty Zeal for the Interest of that 
Honble & Worthy Family. 

A Petition signed by divers of the Justices and other Inhabitants 
of Chester County, in behalf of one Mary Woolvin, now a Prisoner 
there under Sentence of Death, praying that the Execution of the 
sd. Sentence may be respited for a time untill the Kings pleasure be 
known thei*ein, was read & referred to further Consideration. 

A Petition from John & Edmund Cartlidge, Prisoners in Philada. 
Goal, was read, praying that in Regard of their long Confinement, 
and that now all the Lawfull Evidences of the Fact, for which they 
stand Committed, may upon notice given them be ready to appear, 
they may therefore be admitted to a Tryal, upon consideration where- 
of it was recommended to Richard Hill & Robert Assheton, Es(irs., 
two of the Judges present to consult with the Chief Justice there- 
upon, and to fix a day some time this month for the Tryal of the 
Petitioners. 

The Govr. having observed to the Board, that the Funds laid 
last Session of Assembly, for defraymg the necessary Charges of the 
Gov&rnmt. , are like to prove very deficient, so that unless some 
remedy be provided by the present Assembly, this Province will 
inevitably be brought under the Burthen of a Considerable Debt ; 
And likewise, that the Govr. having promised, by the Advice of the 
Assembly and this Board, to meet the Chiefs of the Five Nations at 
Albany, it is absolutely necessary that a suitable Present be provided 
lor the Indians on that occasion, as well as that due care be taken to 
defray the Expense of the Govrs. Journey thither. He is therefore 
pleased to declare his Intention of calling the Assembly together im- 
mediately after Harvest, which for the above reasons was approved. 



At a Council held at Philadelphia, July 24th, 1722. 

PRESENT : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 
Richard Hill, William Assheton, 

Robt. Assheton, James Logan, Secretary, 

Samuel Preston, 

The House of Representatives having met together yesterday id 
the Afternoon, in obedience to the Govrs. Writts issued for that pur- 
pose, upon notice given them that the Govr. was ready to receive 
them in Council at the Court House, attended accordingly, unto 
whom the Govr. made the following Speech, and delivered the same 
to the Speaker. 

* * « * # 

* » « * # 
» « * « * 

Then the Assembly withdrew. 



198 MINUTES OF THE 

The Govt, laid before the Board a Letter from James Mitchell, 
Esqr., one of the Justices of Chester County, directed to him &. the 
Council, which he had received at New Castle last week by Express, 
to which because of the Haste required and his distance from Philada. 
he had returned an Answer by the same Express, a Copy of which 
is now also laid before the Board, also the Copy of a Letter to the 
Ganawese, all which are ordered to be Entered on the Minutes, and 
are as follows : 

MR. MITCHELL'S LETTER. 

From the Township of Donnes:all, bounded by the River Sasqua- 
hanna, July 12th, 1722. 
May it please jt. Excelly. and Honble Council : 

These are to let you Know that Mr. James Le Tort and I v/as 
desired to be at a Council held at the Conay Town, being present 
the Chiefs of the Conestogoes, Sawanies & Conays, together with 
seven Chief men of the Nanticock Indiatis, who are upon their Jour- 
ney going to the five Nations. The Reason of their going they say 
is to renew former friendship and strengthen it in unity for time to 
come, and for that end they carry alongst with them 32 Belts of 
Wampum & four long strings of the same, to give as a Present, and 
delivers a Speech with them severally & they received them, So they 
thought it their Duty to have their Intentions made Known to Yr. 
Excelly & Honble Council, & will wait yr. approbation, but in hast, 
l)ecause they are straitned for Provisions. The Nanticock Indians 
depended to have the best Interpreter they could find in the Conay 
Town, which they find is Capt. Smith, but he te'.ls them he has pro- 
mised to go alongst with Yr. Excelly, so that without your leave he 
will not alter from his promise. I was blidged to send it as an Ex- 
press which I presume must be at the public charge, which is all from 
Yr. Excelly & Honble Coucils most humble servant. 

JA. MITCHELL. 
THE GOVRS. ANSWER. 

New Castle,. July l6th, 1722. 
Mr. Mitchell : 

I reed. yr. Letters by the Express who found me here last night, 
& inclosed I send you a Letter to the Ganawy King, which you are 
to deliver and let James Le Tort interpret. 1 approve yr. diligence 
& conduct in acquainting me so speedily with the Sentiments of the 
Indians, But if the Nanticocks have at any time occasion to speak to 
me they ought to send a Messenger of their own, & then I will re- 
ceive him kindly. You did very well to give 100 wt. of flour to tho 
Ganawys at this time, & if you find that any of the Bread still re- 
mains in Jacobus Henriques hands, let 200 wt. be given now to 
Winjack, or if there be no bread give him 200 wt. more of flour, all 
which Expencesyou must charge in an accot., making the Province 
of Peosilvania Debtor for such articles expended by the Govrs. order, 



PROVINCIAL COUNCIL. 199 

also charge 40s. for the Express, then sign the Accot. and send it to 
me at Philadelpa. by lirst opportunity, and I will take care to see 
you well paid. 

I remain your hearty friend, 

W. KEITH. 
THE GOVRS. LETTER TO THE GANAWESE KING. 

To my friend Winjack, King of the Ganawese Indians on Sasqua- 
hanna. 

Brother : I have heard that your friends the Nanticokes arc now 
at yr. Town upon their Journey to the five Nations. I know they 
are a peaceable People that live quietly amongst the English in 
Mary Land, and therefore I shall be glad to see them, and will be 
ready to do them any kindness in my power. I hear they want 
Capt. Smith for their interpreter, but you know he is engaged to go 
Avith me to Albany, and I desire you will send him down to me at 
Philada. about the last day upon this month, because upon the 8tli of 
next month I shall go from Philada. to New York, and I desire 
Smith may be there to go along with me, and I should be glad also 
that Tom would come with him because he can speak to me in Eng- 
lish. I have ordered Justice Mitchell to give you some flour and 
bread to entertain your friends the Nanticokes, and I heartily wish 
you and all your people well in good health. 

New Castle, June 16, 1722. 

A Petition signed by one Sarah Hales, Sister of Wm. Hill, a pri- 
soner in Chester Goal under Sentence of death, was presented &; 
read, praying that the Execution of the said Sentence may be respi- 
ted for a time untill the Kings pleasure is known therein. But the 
Board being thin, the Consideration thereof is deferred unto another 
meeting: of the Council. 



At a Council held at Philadelphia, y^ 30th of July, 1722. 

PRESENT : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 

Richard Hill, Saml. Preston, 

Antho. Palmer, Robert Assheton, 

Thos. Masters, Andrew Hamilton, 

Wm. Assheton, James Logan, Secretary. 

Satsheechoe, the Messenger, who m the beginning of last May was 
sent y* second time to the five Nations, being returned from thence, 
& accompanied to town from Conestogoe wt. Capt. Civility, Teha- 
noote & Diohanse, the Govr. appointed him a public audience, 



200 MINUTES OF THE 

wherein by the Interpretation of Civility from the Mingoe into the 
Delaware Indian tongue, and of Alice Kirk (v/ho was first sworn to 
interpret truly,) from that into English. He reported as follows : 

That the people of the five Nations wanted Provisions so much, 
and were so busily employed in looking out for food, that the Chiefs 
had not time to meet & open the presents sent them by the Gover- 
nour ; That he carried them all together to the House of the King on 
the River where the Messenger was born (viz. the Cayoogoes) where 
he left them, and when they have leisure from providing themselves 
with viclualls they will meet together & open ihem ; That these 
presents are all put together with those sent by the Govr. of Virgi- . 
nia, and the Golden Medal sent by the Govr. untillour Govr. & the 
Govr. of Virga. come to Albany, lo which place they desire the 
Govr. & James Logan to come. 

They were glad the Govr. sent them a Letter for that w^as like two 
tongues, and confirmed what the Messenger said to them. The great 
King of the five Nations is sorry for tlie Death of the Indian that 
was killed, for he was his own flesh and blood; he believes the Govr. 
is also sorr}', but now it is done there is no help for it, and he desires 
that John Cartlidge may not be put to death for it, nor that the 
Govr. should be angry and spare him for some time & put him to 
Death afterwards ; one life is enough to be lost, there should not 
two die. The Kings heart is good to the Govr, & all the English, 
one stuck a Gentleman with a knife at Albany they were sorry for 
it, but it was made up and no body was put to Death for it. So they 
desire John Cartlidge may not die for this, They would not have 
liim killed. John Cartlidge has been a long time Bound, and they 
desire he may be bound no longer. When the Govr. comes to Al- 
bany they will take him by the Hand and their hearts shall be 
joyned as their hands together. The Govr. of New York, of Virgi- 
nia, of New England, are to be there. The Indians will all meet 
& all will be made up when the Governour come to Albany. The 
(Tovr. of New England has sent them great Presents of Match Coat, 
thirty bundles of goods all tyed up, and they are not yet opened. 
When the Govrs. come all together to Albany they will open & di- 
vide them. The five Nations will be glad to see the Govr., they 
liave been busy getting victuals as fish out of the Rivers & some 
Venison from the woods, but now Squashes & Pompions are come 
they will be able to travel. Their King is an old man & could not 
come thither; he cannot travel as a young man, but he will come to 
Albany to see the Govr. there, who he hopes will come in ten days. 
They desire that Satcheechoe may come thither with the Gover- 
nour. 



PROVINCIAL COUNCIL. 201 

At a Council held at Philada., July 31, 1722. 

PRESENT : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 

Richard Hill, Andrew Hamilton, Att. Genl. 

Robt. Assheton, James Logan, Secretary. 

Samuel Preston, 

The Governour acquainted the Board, that the House of Repre- 
sentatives had, by a Message to him last night, desired a Copy of 
the Message delivered by Satcheecho yesterday in Council, which 
the Govr. had promised should be sent them as soon as the same was 
reported to the Board ; And the said Message being read, and the 
Govrs. intended Journey to Albany shortly discoursed of. The Govr. 
proposed (as the Assembly by their sd. Message had also desired,) 
that the members present do meet a Committee of Assembly this af- 
ternoon, in order to confer upon the said journey and the charge 
which will unavoidably attend it, both for the Expence of the Journey 
& for Presents to the Indians, without which 'tis conceived the Jour- 
ney it self will be to very little purpose. Accordingly, the Governr. 
dre\\ up in writing some few Heads by way of Instructions to the 
Gentlemen of the Council, who are to meet the said Committee of 
Assembly, And the Clerk is ordered to carry a Copy of the Message 
delivered by Satcheecho to the House of Representatives immediate- 
ly, and to acquaint ther Speaker that the Govr. had appointed some 
members of Council to meet a Committee of that House at the Court 
house, at three o'clock this afternoon, according to their Desire. 



At a Council held at Philada., August 1st, 1722.' 



The Honble Sir WILLIAM KEITH, Bart., Governour. 

Richard Hill, Samuel Preston, 

Robt. Assheton, Andrew Hamilton, Att. Genl. 

Wm. Assheton, James Logan, Secretary. 

The Council being met at this time to dismiss Civility, and the 
other two Indians who accompanied Satcheechoe to Tosvn from Co- 
nestogoe, it was moved by one of the members whether this might 
not be a proper occasion to consider of the time of the Tryal of John 
& Edmund Cartlidge, that the Indians at Conestogoe may be ac- 
quainted therewith with Civility at his Return home ,* Whereupon, 
the Chief Justice being sent for, the Governour desired that he and 
the other two Judges present would please to give him & the Board 
their Opinion, whether the offenders could be prosecuted eflectually 
without a view first taken of the Body of the Indian supposed to be 



202 MINUTES OF THE 

killed, by a Coroners Inquest, Upon which the Judges desired leave 
to withdraw, and carried with them the Attorney Genl. & Willm. 
Asshcton, Esq., for their Assistance ; And after a short time return- 
ing to the Council, The Attorney Genl. by the direction of the Judg- 
es, Reported that they had consulted the Law in Cases of this kind, 
& find that where a View of the Body may be necessary for the in- 
formation of the Jury, (which 'tis presumed it may be in this Case) 
the same ought by no means to be neglected. But where it may be 
presumed that a view of the Body can be of little use, or that there 
may be danger of Infection by digging up the Corps, there the Jury 
are to proceed upon the Testimony of the Evidences present at the 
time the Fact was committed. It is therefore the opinion of the Judges 
that a view of the Body ought to be taken, and that the Tryal be 
deferr'd untill the Govr. Return from Albany, in which opinion the 
Govr. and the Board also agreed. 

Satcheechoe, with Civility, and the other two who accompanied 
them from Conestogoe, having been ordered to attend the Board at 
this sitting, It was considered what further satisfaction should be 
made to the said Indians for their trouble in coming to Philada. to 
Report Satcheechoes message. And it is ordered that two Stroud 
Matchcoats be given to Civility & one to each of the other two 
men, viz : Diohanse & Tehanoote, with Provisions for their journey 
of which an Accot. is ordered to be brought at the next'sitting of y' 
Board, and being called in the Govr. spoke to Satcheechoe as fol- 
lows : 

My Friend Satcheechoe : 

You have shewn yourself a good Traveller and a Diligent Mes- 
senger in performing the two Journeys you have undertaken to the 
five Nations ; The first was greatly to my Satisfaction, in so much 
as our Brethren of the Five Nations shewed so much affection to us 
and paid so great a Regard to our Message as to hasten you back 
with divers Testimonials in Confirmation what they said, and not- 
withstanding I was surprised to see you bring no Credentials with 
you this last lime. Yet I shall beleive you have discharged your part 
well, and that the occasion of your bringing no such thing is truly 
owing to the Cause you have assigned, that is, that y^ Chiefs could 
not then meet together, & that they designed to Answer me at Albany 
where they greatly desired to see me. 

I expect, Satcheechoe, that you will continue in Town to proceed 
with me according to your proposal to Albany, And if Civility re- 
turns immediately to Conestogoe with the rest of the Company, I 
desire you will inform all the Indians who are coming down to the 
Trial of John & Edmund Cartlidge, that the sd. Trial is deferred 
until I return from Albany. 

There will be delivered to you that Return, some small Tokens, 
viz : Two Slrouds to Civility for his trouble in the Interpretation, and 
to Diohanse and Tehanoote one to each, with Provisions necessary 
to their Journey. 



PROVINCIAL COl'NCIL. 203 

At a Council held at Philadelphia, Augst. 3d, 1722. 

PRKSENT : 

TheHonble Sir WILLIAM KEITH, Bart., Governour. 
Richard Hill, Robert Assheton, 

Samuel Preston, W illiam Assheton, 

Andw. Hamilton, James Logan, Secry. 

Isaac Norris, 

The Governr. acquainted the Board, that the time of his intended 
Journey for Albany, now approaching, & the House of Representa- 
tives having deferr'd coming to the necessary Resolutions for defray- 
ing the Expence of the said Journey, &. of y" Presents to be made to 
the Indians on that occasion, untill they are certified, what Gentle- 
men of the Council are willing to attend the Govr. thither, He now 
therefore recommends it to the Board to consider & agree amon"- 
themselves, which of tlicm will please to undertake the said journey 
for the Service of the Publick, that the Assembly's Resolutions mav 
no Longer bo put off through the delay of this Board. And he now 
further informs the Board, that the members he had hitherto in his 
view & had named to the Assembly, as well as to themselves, were 
Richard Hill, James Logan & Colo. French, that he had since recei- 
ved a Message from the House, declaring that they were well satisfied 
in the Govrs. nomination of Richd. Hill & James Logan, & wish'd 
it might suit their circumstances to attend the service, but that they 
had Ibund upon some Communication those two members declined 
the Journey. The House therefon^ further recommended for the pur- 
pose Isaac Norris & Andrew Hamilton, But if any two of these 
four would undertake the Service it would be to the satisfaction of 
the House, To which the Govr. was pleased to add that ail those 
members being acceptable to him, He should wholly leave it amoncp 
themselves to agree amongst them who should be the Persons that 
would accompany him. 

The Govr. also recommends it to the Board, to draw up in writing 
such Heads as they may think necessary or usefuU for the Service 
of the Governrnt., to be Treated of at the ensuing Meeting with the 
Indians of the five Nations at Albanv, and the members are desired 
to Confer among themselves, and to draw up the Heads accordin<Tly 
against three in the afternoon. 

Under Consideration of the Case of Wm. Hill, Mary Woolvin &, 
\Vm. Battin, Prisoners in Chester Goal under Sentence of Death, it 
is the advice of all the members present, to which the Govr. is 
pleased to ai;ree, That the said VVm. Hill & Mary Woolvin be re- 
prieved for the space of twelve months, in case no Orders shall come 
from the Crown for the Execution before the expiration of the sd. 
Term ; That the said Wm. Battin being Convicted of divers horrid 
complicated Crimes, be Executed & hung in Irons in the most public 
place, at such time ns the Govr. shall appoint, & that the Warrant 
for the execution be issued before the Govr. set out for Albany. 

17 



204 MINUTES OF THE 

Augst. 3d : POST MERIDIEM. 

PKESEXT : 

The same members as before. 

The membars of Council having met by themselves &. agreed on 
a rough Draught of the Heads, that appeared fit in their judment to 
be the subject of the intended Treaty with the Indians of the Five 
Nations. Tiie Govr. joyncd them, and desiring to kno'vv whether 
they had agreed among themselves upon the Persons who were to 
accompany him. The four members who had been named endea- 
voured severally to excuse themselves because of the Circumstance* 
of their affairs, But those of the Secretarys Family being considered, 
it was allowed that no man of humanity could desire him to absent 
liimself from it at this time. And the other three members, viz. Ri- 
chard Hill, Isaac Nerris Norris & Andrew Hamiilon, Avere prevailetK 
on to undertake the Journey. 



At a Council held at Philadelphia, Augst. 7th, 1722. 

PKESEXT : 

The Ilonble Sir WILLIAM KEITH, Bart., Governour. 

Kichard Hill, Thomas Masters, 

Robert Asshaton, A^'illiam Assheton, 

Andw. Hamilton, James Logan, Secretary. 
Isaac Norris, 

The Govr. intending to begin Iiis journey for Albany to morrow, 
and having on the 3d inst. in Council been p'cased to desire the Sen- 
timents of this Board, wt. n^lation to the ensuing Treaty to be held 
with the Indians of the five Nations there, the members present deliv- 
ered their thoughts upon that subject in Wiiting, as follows : 

The Govr. having recommended to this Board, to consider & di- 
gest the Heads on which it may be proper for him to Treat with the 
Indians of the five Nations, whom he is to meet at Albany. 

They humbly propose it as their opinion, ihat the following Heads 
%vil! naturally occur on ihe past Transactions with those people, and 
the occasion that more particularly calls the Govr. to Albanv at this 
tiiTie, vizt : 

That some of their Anticnt men may yet remember the first Set- 
tlement of the Province of Pensilvania by VVm. Pcnn. He was a 
good man, had a great affection for all the Indians. He cntred into 
Leagues of ffriendship with them 6l treated them as his Brethren, 
and he gave it in Charge to the Govrs. whom he left in his place & 
.10 all liis people, that they should always do the same. 



PROVINCIAL COUNCIL. 205 

That divers of the Chiefs of the five Nations have at several times 
visi'.ed us at Philada. & Conestogoe; We were always glad to see 
them, and treated them kindly as our Brethren. They made firm 
Leagues of fi'riendship with us, & frequently renewed tSi strengthen- 
ed them. We became as One People & hope always to continue 
the same ; 7\nd as often as the five Nations renewed their Leagues 
with our great & good friends, the Govrs. of New York, it still uni- 
ted them the more nearly to us & gave us the greater pleasure, be- 
cause all the English are the subjects of one Great King. 

The last Summer that wise & good man Ghesaont, witii some 
other of their people, came in the name of all the five Nations to 
visit us. We received them with Joy as our brethren. We opened 
our hearts to each other. He rejoiced to see us & our Indiar s live in 
so much Love together. We bri^zhtened the Chain together that it 
might be clear, strong (fe lasting as the Sun &, Stars, but to our great 
grief that Good Man died before he returned, Yet we ho[;e the five 
Nations received the Govrs. words of Love & ffriendship with the 
Golden Medal & the Presents then Delivered. 

We then engaged as They & We had often done before, that we 
should all be as one People ; That the five Nations should not do an 
injury to any of us more than to themselves. And that We should not 
do an Injury to any of the five Nations more than to our own peo- 
ple, or if any person did such inj'iry they'should be punished fur it 
in the same manner as if done to au Englishman. 

Since that time a very unhappy accident has fallen cut which has 
given us great Griefi We heard last Winter that one of the Five Na- 
tions had lost his Life by means of some of our People, the next day 
after the news canie to Philada. the Govr. sent two of his Council to 
Conestogoe to enquire into the matter and bring him y^ Truth. They 
found that a Quarrel arose about Rum, between a Brotlur of the 
five Nations who had hunted near Patowmeck and two of our Tra- 
ders ; the Indian man was angry, went hastily and took his Gun to 
Kill the Englishmen, Whereupon, in defence of themselves they 
seized him, & in the struggle gave him some blows Si left him. We 
heard that our Indian ffriend & Brother died the next day. 

The men who did this were brought to Philada., committed to 
Prison and put in Irons, and there remain to be tried for their Lives 
according to our Laws, in the same manner as if ihey had Killed an 
Englishman. And we have further passed a Severe Law against 
selling Rum to the Indians, which will prevent such Mischiels for 
the future. 

We are greatly grieved for this unhappy accident, but the Chiefs 
of the five Nations are so wise as to know that sucl. accidents may- 
happen without any ill Design amongst the nearest Brethren, and 
they may see by this We strictly Keep our Leagues in punishing 
those who offend against them. 

A message having been sent by the Govrs. order from Conesto- 
goe, by Satcheechoe, to the five Na*ions immediately after the Fact 



206 MINUTES OF THE 

was inquired into, to express our sorrow. The Govr. received their 
kind Answer by the same Messenger, and long after. By that An- 
swer the five Nations shewed themselves our true ffriends in receiv- 
ing that message like Brethren, not desiring us to wipe away our 
Tears, more especially by inviting the (lovr. to come & see them 
and shake hands with them, and he should find they were his true 
Friends. 

To this the Govr. by Satchecchoe returned his Answer, that tho' 
he could not come up Sasquahannah, he would gladly take the op- 
portunity of seeing them at Albany when they came thither to meet 
our good Friends the Govrs. of New York & Virginia. At the same 
time the Govr. sent some Tokens to the five Chiefs of the five Na- 
tions which he hopes they have received, with the Mourning Gold 
Ring from the Govrs. own finger. 

Accordingly the Govr. is come wt. some of his Council to visit 
them. He has left his family &. his People to take tlieni by the 
hand, to joyn hearts, and to rejoice in seeing the Faces of each other, 
that the ftlame of Love & affection may burn clear in all our Breasts, 
and all clouds & Darkness may be done away. 

But that we might not come so long a journey with Empty hands, 
the Govr. has brought with him these Goods to bind his Words, 
which they are desired to receive as a Pledge of our Resolutions to 
live in perpetual peace & under the strongest Ties of fll-iend^hip with 
the fiive Nations ; And all that we desire of them is, That remem- 
bring them and us & all our People to be under sucli Bonds and 
Leagues of ffi'iendship & Brotherhood, their Young Men & people 
when they travel may not hurt or disturb any of our Inhabiianis in 
any case, otherwise than as they would hurt themselves or their 
own people. And that this our visit &c the words yt. now pass may 
be recorded in everlasting Remembrance, to be sent down to their & 
our Children & Childrens Children, and last as long as the Moun- 
tains & Rivers and the Sun & Moon shall endure. 

These Heads being duly considered, were approved of, and re- 
commended for a Scheme to be proceeded upon in the intended 
Treaty, but subject to be varied according as the circumstances of 
affairs, Time & Peace, in the Judgment of the Govr. and the mem- 
bers of Council who accompany him, may render it necessary. 

The Govr. acquainted the Board, that being out of Town on Sa- 
turday last when the Assembly broke up, He had received liiis morn- 
ing from Benj. Vining, a member of that House, an order under the 
Speakers hand on the Provincial Treasurer for £1S0, allowed for 
the Expense of the Govrs. Journey to Albany, and the Gentlemen 
of the Council that are to accompany him thither. 

Isaac Norris also acquainted the Board, that the Assembly had 
made choice of him for buying the Presents to be given to the Indians 
at Albany, and had given him an order on the Treasury for £100 
for that use. 



PROVINCIAL COUNCIL. 207 

TheGovr. recommended the Care of the Governmt. to the Gentle- 
men of this Boaid that are to continue i:i the Colony during his 
Absence, and desired that in case any extraordinary emergency 
should happen while he was abroad (wnich ho hoped there would 
not) they would give him Notice of it by an LOxpress. Then Coun- 
cil wished the good Journey & safe Return, and then broke up. 



At a Council held at Philadelphia, Angst. Slli, 1722. 

PKESENT : 

The Honble Sir WILLIAM KEITH, Bart., Govr. 
Anthony Palmer, Robert Assheten, 

Thomas Master?, William Assheton. 

Isaac Norris having acquainted the Board at the last meetino' of 
Council, that he had received a Bill from some membeis of Assem- 
bly, Drawn by order of y" House & Sigii'd by the Speakc, for One 
Hundred Pounds Curt. Money, to be Ibrthwith paid to him the said 
Isaac Norris, by the Provincial Treasurer, in order to be laid out in 
Presents for the Indians at Albany. 

It is the opinion of this Board, that such prcsenfs will bo on this 
occasion more commodiously purchased at N< w York, and it is or- 
dered, that the said Isaac Norris do «ipp!y the said Sum ol £\Q0 for 
the the purchasing of such Prcsants at York (or iho Indians at Al- 
bany, as the Govr. and members of Council who aittud him in his 
Journey shall think fit to agree upon & Direct. 



Ac a Council held at Philadelphia, Septr. 21st, 1722. 

PRhSKNT : 

Tlichard Hiil, Isaac Norris, 

Samuel Pres'on, Anthony Palmer, 

Robert Assheton, Thomas Mas:ers, 

Willm. Assheton, James Logan, fc'ecrrtary. 

Richard Hill & Isaac Norris, two of the members of tliis Hoard, 
who by appointment of the Govr., Council & Assemlily, accnmpa- 
nied the Governr. to Albany, having returned home last night, I hey 
now laid before the Board Copies of the Govrs. iSj cecli, to the In- 
dians of the ffive Nations at Albany, the 7th instan . wt. the said 
Indians Answer thereto on the ICth, both which were Read, and or- 
dered to be entered on the Minutes of t'lis Boird, bingas follows. 

The Govrs. Sper^ch was in the following; words, ititc pn-fed by 
James Le Tort, and an Indian for Sasquehannah, ca icd Capt. Smith. 
Brethren : 

I have travelled a great way to sec you and to hod poino Dis- 
course with you. The people of Pennsilvaniu have al\\a\s been 

VOL. HI. 



£08 MINUTES OF THE 

friends to the ffive Nations ; They have punctually kept all their for- 
mer Treaties with you ; They expect that you do not forget them, 
& therefore I am come to brighten the Chain between us. You 
sent me word that you desired to see me, & I have obtained leave of 
my Brother, the Govr. of New York, to renew at this place our for- 
mer Treaties with you, & I am glad he is present with us to hear & 
observe all that is spoken. 

Some of your Antient Men can yet remember the first Settlement 
of the Province of Pensilvania hy Wm. Penn. He was a good man, 
& had a great Affection for all the Indians. He entered into Leagues 
of ffriendship with them and treated them as his Brethren, and he 
gave it in Charge to his Govrs., whom he left in his place, and to all 
his people, that they should continue to do the same. 

Divers Great men from the fhve Nations have on several occa- 
sions visited us at Philadi. & Conestogoe. AVe were always glad to 
see them and treated them kindly like Brethren. They made firm 
Leagues of ffriendship with us & frequently renewed & strengthen'd 
them. We became as one People &. hope always to continue so, and 
as often as the fhve Nations renewed their Leagues with our great & 
good ffriends the Govrs. of New York, it still united them the more 
nearly to us as being subjects of one &; the same Great King. 

Last Summer the Wise & Good Man Ghesaont, with some others 
of yr. people, came in the name of all the ffive Nations to visit us at 
Conestogoe. We received them with jov & opened our hearts to each 
other. He rejoyced to see us tSc our Indians live in so much love to- 
gether, we then brightened the Chain that it might be dear, strong 
& lasting as the Sun & Stars. But when we heard that Ghesaont 
died in Virginia we were very sorry. Yet I hope the fhve Nations 
received my Words of Love & ffriendship to their Sachims, and to 
all their People, with the Golden Medal & the Presents then delivered. 

It was then stipulated & agreed between us. That we should all be 
as one People ; That the fhve Nations should not do an injury to any 
of us more than to themselves, & that we should not do an injury 
to any of the ffive Nations more than to our own people, or if any 
person did such injury, they should be punished for it in the same 
manner as if done to an Englishman. 

Since that time a very unhappy accident has tallen out, which 
gave us great grief last Winter ; We heard, that one of the ffive 
Nations had lost his life by means of some of our People. 

The very next day after the News came to me at Philada. I sent 
two of my Council to Conestsgoe, to enquire into the matter and 
bring me the Truth. They found that the Quarrel arose about Rum, 
between a Brother of the ffive Nations, who hunted near Patowmeck, 
and two of our Traders. The Indian was angry, & went hastily 
& took his Gun to Kill the Englishman ; they in defence of them- 
selves Seiz.ed the Indian, & in struggling gave him some Blows and 
left him. We heard that our Indian ffriend & Brother died y' next 
day. 



PROVINCIAL COUNCIL. 209 

The men who did this were brought to Philada. and put in Prison, 
und they will be tryed according to our Laws, in the same manner 
as if they had Killed an Englishman ; And to prevent such mischief 
tor the future, we have made a severe Law against selling of Rum 
to the Indians. Tho' this misfortune gave us great Grief, yet we are 
perswaded that the Chief Sachims of the ffive Nations are so wise as 
to know that such accidents may happen, without any ill design 
amongst the nearest Brethren. And by this they will see how strictly 
we keep our Leagues & Treatie,^, in punishing those who shall dare 
to oflend & injure them or any of their People. 

I made haste to send a message to the ffive Nations by Satchee- 
choe to express our sorrow, ^' I received their kind answer by the 
Return of the same messenger. You received our message like true 
Brethren, desiring us to wipe away our tears and invited me to come 
& see you, immediately I sent Satcheechoe back with this Answer, 
That I would meet you at Albany with my good ffriends the Govrs. 
of New York & Virginia, and I sent some tokens to your Sachims 
which I hope they received, with a Mourning Gold Ring off my own 
finger to Sakaunkauta. 

Satcheechoe returned speedily and said you would be glad to see 
me at Albany. He also told me you desired John Cartlidge might 
be released out of Prison, & yMnjury done to your Kinsman might 
be forgot; But Satcheechoe brought no Belt nor any other Token to 
confirm his Words, & therefore I have brought him along with me, 
that you may know & tell me if he spoke Truth. 

Brethren: You see I am come here with four of my Council to 
visit you. I have left my ffamily & People, and have travelled a 
great way to take you by the hand to joyn Hearts, and to rejoice in 
seeing each others faces, for all clouds & Darkness must be done 
away, that the flame of Love & affection may burn clear in our 
Breasts. 

I have brought these Goods with me to bind my Words, viz: five 
pieces of Strouds for C loathing, five Casks of Powder and five hun- 
dred wt. of Lead, to encourage your hunting, that you may grow 
Rich &L Strong; And I desire you may receive them as a Pledge of 
our firm Resolutions to live in perpetual peace & under the strongest 
ties of ffriendship with the five Nations ; that you will ever remem- 
ber us as your Brethren, and not suffer your young men, when they 
travel, to hurt any of our inhabitants no more than they would their 
own, or to kill their Cattle & Stock ; And that this visit & the Co- 
venant Chain which is hereby brightened may be recorded in ever- 
lasting remembrance to be sent down to your &l our children, and to 
our childrens children, to last as Long as the Mountains &; Rivers, 
and the Sun & Mo.in shall endure. 

I also give you those two pieces of Blankets to wipe away and dry 
up the Blood that has been spilt, and to cover it so as it may never be 
seen or heard of any more. 



210 MINUTES OF THE 

I live at a great distance from the Brethren, and perhaps may 
never see so many of your grave ancient men together again ; I 
will therefore, lilce a true Brother, leave with you my best advice for 
the happines"? and welfare of all yr. people, & as oft as you look 
upon these two Belts, remember (Two Belts laid down) that this one 
signifies the strength which a wise Nation acquires & secures to its 
people by peaceable Councils, and encreasing the number of its 
tiViends ; and this other Belt represents to you a Bold, ffirm true 
heart that abhors falsehood, but is ever faithfull to its ffriends & 
punctually observes whatsoever it promises. 

The Answer made by the Indians of tiie ffive Nations, viz : the 
Maquase, Oneydes, Onondages, Cayouges & Sinnekae?, to the Pro- 
positions made by the Honble William Keith, Bart., Govr. of Pensil- 
vania, &.c., in Albany, the 10th day of Septr., Anno, 1722. 



The Honble Sir WILLIAM KEITH, Bart., Govr. of Pensilva- 
nia, &c. 

„. , J ,,.,, /-. I T I T-< u "1 Esq'r.s, members of 

Richard Hill, Col. John French, ( e ^ i i o i 

T XT A J n 1 ?-v Council ol rensil- 

Isaac Norris, Andw. Hamilton, ( • 

' J vania. 

Col. Peter Schuvler, Evert Banker, "1 r^ ? r^ 

D . \T r> u ni.\- r • • . Esq rs., Commis- 

Peter Van Brugh, Philip Livingston, l • r .u t 

r , r, , = T 1 111 . ^ sioners of the la- 

Joba. Cuylcr, Job. Bleccner, 1 j- . cr • 

u 1 u T 1 /- 11- dian Anuirs. 

Hend Hanse, John Collins, J 

Interpreted by Lawrence Claese into Dutch, & rendered into Eng- 
lish by Robert Livington, Tanachiiha being Speaker. 
Brother Onas : 

(Which signifies a Pen in Ihc Language of the fiive Nations, by 
which eametliey cull the Govrs. of Peiisilvania since it was first set- 
tled by William Pcnn.) 

You told us in your pioposilion, some days ago, that you was 
come a grrat way to .see us of the ffive Naticms. We thank you for 
your good will lo us, & are very glad to sec you here in good health, 
and we hope a good understanding and Agreement will be made & 
concluded between us. 

You told us also, that you are come to renew the Covenant Chain 
that has been made between us so long ago, (vcn at the first Settling 
the Province of Pensilvania, and to brighten the chain, and to re- 
move and d) away any spot of liust thnt may be grown upon it 
since our last Meeting &. Conference at Conestogoc. 

Brother Onas: You have told lis ihat at that time you brightned 
the Covenant Chain between us. that it might be clear and lasting as 
the Sun and Stars in Heaven, for which we thank you, and we being 
now all present, do, in the most solemn and i)ublic manner, renew 
the Covenant and brighten the Chain made between us, that the 
Lustre thereof may never bo ()!)^ciircd by any Clouds or Darkness, 
but mav shine as clear aud last as Ion' as the Sun in the Firmament. 



PROVINCIAL COUNCIL. 211 

Brother Onas : You have likeways told us how that William Penn, 
who was a good man, did at his first Settlement of the Province of 
Pensilvania make Leagues of fiViendship wi:h the Indians, & treated 
them like Brethren, and that like the same Good man lie left it in 
Charge to all his Governours whoshoidd succeed him, and to all the 
people of Pensilvania, that they should always keep the Covenant & 
Treaties he had made with the ffive Nations, and treat them with 
Love and Kindness. We acknowledge that his Governours and 
People have always Kept the same honestly and truly to this day. 
So we on our parts always have Kept & forever shall Keep firm, 
Peace & tfriendship, with a good heart to all the people of Pensilva- 
nia. We thankfully receive & approve of all the Articles in your 
Proposition to us, and acknowledge them to he good and full of Love. 
We receive &; approve of the same with our whole hearts, hecause 
we are not only made one people by the Covenant Chain, but we also 
are people united in one head, one Body &l one heart, by the strong- 
est ties of Love &. friendship. 

Bro her Onas: You desire there may be a perpetual Peace &, 
ffriendship between you and the five Nations, and between your chil- 
dren and our children, and that the same may be Kept as long as 
the Mountains & Rivers endure ; all which we like well, and on our 
part desire, that the Covenant and Union made with a clean & true 
heart, between you and us may last as long as the Sun and Moon 
shall continue to give Light, and we will deliver this in Charge to 
our Children, that it may be Kept in Remembrance with their Chil- 
dren and Cliildrens children to the latest ages ; And we desire that 
the Peace and Tranquility that is now established between us may 
be as clear as the Sun shining in its Lustre, without any Cloud or 
Darkness, and that the same may continue forever. 

Brother Onas : We have well considered all you have spoken, and 
like it well, because it is only the renewing of former Leagues and 
Treaties made between the Government of Pensilvania & us of the 
five Nations, which we allways beleived we were oblir'ged to keep ; 
And as to the accident of one of our friends being Killed by some 
of your People, which has happen'd by misfortune and against your 
will, We say, that we are all in Peace, we think it hard the persons 
who killed our friend & Brother should suffer, and we do in the 
name of all the five Nations forgive the offence. & desire You will 
likewise forgive it, and that the men who did it may be released 
from Prison and set at Liberty, to go wither they please, and we 
shall E-^teem that as a mark of Regard and fiViendship for the five 
Nations, and as a farther confirmation of this Treaty. 

Brother Onas : We say farther, we are glad to hear the former 
Treaties we have made with William Penn repeated to us again, and 
renewed b^ you; and we esteem and love you as if you were Wil- 
liam Penn himself. We are glad you have wiped & covered the 
Blood of our dead friend & Brother, and we desire the same may be 
forgot, so as it may never be more mentioned or remembred. 



212 MINUTES OF THE 

It is needless for us to answer every particular of your proposi- 
tion, because we acknowledge the whole to be fjood ct acceptable to 
us, especially your good advice which we will always remember, 
and in testimony thereof, and as a full confirmation of our Agreemt., 
Consent & approbation of all that you have proposed, & we have 
here said & promised. We lay down a few Beaver, Bear & dress'd 
Deer Skins, & so concluded. 

Then the Govr. expressed his Satisfiiction with their Answer, and 
gave them thanks for their good will dt love to him and the People 
of Pensilvania. 

The Indians then desired to know of the Gnvemour, if the men 
who were in prison for Killing their friend and Brother were Dis- 
charged? to which the Govr. answered, that they were let out upon 
Bail. They then desired that the men might bo discharg'd, to which 
the Govr. ansv\'ered, that as soon as he returned to Philadelphia he 
would give such orders in that atVn'w as should fullv answer the Re- 
quest of the five Nations, in order to confirm the ffricndship that is 
80 happily renewed & establi hed by this Treaty. 

A true Copy, examined by 

PHILIP LIVINGSTON, Seer, fur Indian Affairs. 

The Chiefs of the Indians express'd a yreat affection for the Govr. 
&. the people of Pensdvania, and it api.rarcd that Sutcheechoe had 
faithfully discharged his Trust in hoth (he Messages sent by him. 

When our Interpreters were coming away the Chiefs informed 
them, that they had something further to say to the Govr. upon 
which they were detained. 

The next d;iy, the 14th of Sepfr., the Gov. received at his Cham- 
ber the Ten Chiefs of (he five Natiuns, being t>\o from each, together 
with two others said to be of the Tuscororoes. and by the interpre- 
tation of Lawrence Claese, public Interpreter for the Indians, in the 
presence of Philip Livingston, Secretary for Indian affairs at Albany, 
both whom our Govr. desired to be present, the}' spoke as follows : 

Brother Onas : 

We here now freely surrender to you all those Lands abcut Co- 
nestogoe which the five Niilions have claimed, and it is our desire 
that the same may be settled with Christians, in token whereof we 
give this String of Wampum. 

Brother Onas: According to the best understanding we have re- 
newed at this time with you all former treaties between Your people 
and us, we therefore expect, that if any of our people come to Trade 
at Philadelphia you will order that tiiey be received like Brethicn, 
and have the Goods as cheap as possible; So we wish you all pros- 
perity and a good journey home. 

Now we are going to depart from one ^mother. We your brethren, 
theSachimsof the five Nations, desire that you would give us some 



PROVINCIAL COUNCIL. 213 

Provisions to help us on our journey, on which they gave two small 
bundles of Beaver and dress'd Skins. 

SIR WILLIAM KEITH'S ANSWER. 

Brethren : You know very well that the Lands about Conestogoe, 
upon tlie River Sasquahannah, belong to your old friend & kind Bro- 
ther William Penu ; nevertheless, I do here, in his name, kindly 
accept of the offer & surrender which you have now made to me, 
because it will put an end to all other Claims & Disputes if any 
should be made hereafter. 

Brethren : I understand as you do, that we here at this time re- 
newed all former Treaties between the five Nations & Pensilvania, 
and considering how well you are provided with Goods at Albany, 1 
think Philadelphia will be i'ar outof your way to Trade, but as often 
as any of your People come to us in Love and friendship, they shall 
be treated like Brethren. 

I am not able to provide for you here as if I were at Home, but 
I will order some Bread to begot for your particular use, and I hear- 
tily wish you well home to your own fiamilies. 

And the said Gentlemen informing the Board, that it would be 
agreeable to the Governours inclimations that the said Papers were 
published, which he had desired them to signify to the Board, to 
whom he leaves it to consider of the use & service thereof. It is 
therefore ordered, that for the Satisfaction of the Inhabitants of this 
Province the said Speech & Answer be forthwith published in Print, 

with a proper Introduction thereto, to be prepared by , 

& communicated to this Board for their Approbation before the same 
is delivered to the Printer. 

The Secretary communicated to Board a Letter he had received 
from the Govr. of this Province, dated at Albany the — instant, in- 
forming him that Colo. Spotswood, Govr. of Virginia, then with him 
at Albany, had resolved in his Return homeward to Hold a Treaty 
with our Indians at Conestogoe, wither our Govr. designed to ac- 
company him, and therefore desires the Secretary to give Notice by 
James Le Tort, and Smith the Ganawese Indians, to the Chiefs of 
the four Nations of Indians settled upon Sasquahannah River, viz: 
the Mingoes or Conestogoe Indians, the Shanavvese, the Ganawese 
& the Delawares, to be ready to meet Colo. Spotswood &, him at 
Conestogoe in the beginning of October ; But James Le Tort, and 
Smith the Indian, not being returned from Albany as the Govr. ex- 
[)ected, the said direction of the Govrs. is at present impracticable. 
And further, this Board is of opinion, that they cannot concur in 
in directing our Indians to meet the Govr. of Virginia at Conestogoe, 
until! this Government is ax^quainted with the End & Design of the 
eaid nieetin';. 



214 MINUTES OF THE 

At a Council, 8br. Sd, (fee, & at a Council held at Philadelphia. 
Octr. 3d, 1722. 

PRESENT : 

The Honble Sir WILLRM KEITH, Bart., Governour. 
Isaac Norris, Samuel Preston, 

Antho. Palmer, Robert Assheton, 

Willm. Assheton, James Logan, Secretary- 

This being the first meeting of the Council since the Govrs. Re- 
turn from Albany, the Govr. expressed his satisfaction in seeing the 
members of his Council together at this time. He acquainted tliem, 
that finding upon his arrival at New York that Colo. Spotswood, 
Govr. of Virginia, had by a Letter from Sandy Hook, thought it proper 
to desire leave of Colo. Burnet, Govr. nf New York, to Ireat with 
the Indians of the ffive Nations at Albany, and that Colo. Burnet 
expected an application of the same kird on the part of this Govermt. 
He had therefore thought it expedient to follow the example of Colo. 
Spotswood, and had accordingly applyed to the Govr. of New York 
for his leave to Treat with the Indians of the flive Nations, at the 
same time with the Govr. of Virginia, which he did by the following 
letter now read at the Board. 

New York, Augst. 13th, 1722. 
Sir, 

The Province of Pensilvania being happily situated between his 
Majestys Govermts. of Virga. & New York, it has been my greatest 
care to regulate the managemt. of the Indian Affairs in that Colony, 
so as to render the peaceable Disposition of the Inhabitants accept- 
able to the Indians, and consistent with the concerted measures and 
wise conduct of the neighbouring Provinces. 

So soon therefore as I understood that Colo. Spotswood, the Govr. 
of Virginia, intended, with your Approbation and Concurrence, to 
hold a Treaty with your Indians of the ffive Nations at Albany, I 
called the Assembly of Pensilvania together, and it is by their Advice 
that I am now come, accompanied with some fev/ members of my 
Council, to entreat that with Yr. Excellencys permission, and in your 
presence, I mav be allowed to renew upon this occasion, at Albany, 
the Leagues of fTriendship that have formerly been made between the 
Province of Pensilva. and the ffive Nations. The unhappy accident 
of an Indian being lately Kill'd in the Woods by some of our Tra- 
ders, and the renewing our former Instances with this Governmt., to 
prevent, if possible, the ffive Natioag. from going to War, and making 
a Path through our Settlements upon the River Sasquahanna, are 
the principal points on which I purpose at this time to speak to your 
Indians, and as I have not any thing to offer but what I have reason 
to believe will perfectly agree with Yr. Excellency's sentiments & 
those of yr. Council, I am encouraged to hope you will favourably 
receive this application from, 

Sir, Your most Obedt. humble Servt. 

W. KEITH. 



PROVINCIAL COUNCIL. 215 

In answer to which he received the Governour & Council of New 
Yorks Approbation of his intended Treaty with the Indians, declared 
in the following Minute of the Council of that Province, now laid 
before the Board, viz : 

At a Council held at Fort George, in New York, Augst. 13th, 
1722. 

PRESENT : 

His Excellency WILLIAM BURNET, Esqr. 
Captain Walter, Mr. Harrison, 

Colo. Beekman, Doctr. Colden. 

Mr. Barberie, 

His Excellency communicated to this Board a Letter from the Go- 
vernour of Virga., dated from on Board his Majesties Ship Enter- 
prize, at Sandy Hook, the 9th instant ; as also a Letter from the 
Governour of Pensilvania, Dated at New York this day, signifying 
their coming hither tosettle a right understanding, & to establish a 
lasting Peace between his Magties Subjects in their Governments & 
the five Nations of Indians belonging to this Province ; Upon which, 
the Council desired his Excellency to assure the Governours of 
Virgt. & Pensila. that this Board shall think it a great Honr. & 
Happiness to Confer with them on the best measures to be taken with 
the live Nations at this time to secure a General Peace between them 
& the Indians & these neighbouring Colonies, That they ai'e highly 
satisfied with the just & honble Intentions expressed in the Letters 
which his Excelly has communicated to them, & shall be very ready 
to concur in every thing that shall be for the Safely & Prosperity of 
the Common British Interest in America. 

To which His Excelly agreed intirely, & promised to acquaint the 
Govrs. of Virginia & Pensilvania with the unanimous Sentiments of 
this Board. 

By his Excellency & Council, in Council, 

IS. BOBIN, D. CI. Con. 

That pursuant to the Desire of the Govr. & Council of N. York, 
the Governour of Virginia & himself, with Colo. French &; Mr. Ha- 
milton, (Mr. Hill (fe Mr. Norris not being then arrived) did meet at 
an appointed Conference with Colo. Burnet & his Council, where our 
Govr. delivered himself to this purpose. 

That the Points on which he now came to Treat with the five Na- 
tions were already communicated to His Excelly & the Council, by 
his Letter of yesterday. 

That the first, viz: the Death of an Indian was an accident that 
might have happened any where, & therefore it was only necessary 
for him to satisfy the Indians that the Govmt. of Pensilvania was 
very sorry for it, «fe had caused the offenders to be put into the Hands 
of Justice. As to the other Point, viz : That some measures be taken 

18 



216 MINUTES OF THE 

to prevent the five Nations from taking their Warlike Coursftf 
through Fensilvania to the Southward, it was the more necessary 
because the Conestogoe Indians were formerly a part of the five Na- 
tijn-! called Mingoes, and speak the same Language to this Day ; 
That they actually pay Tribute now to the five Nations, and either 
from natural affection or Fear are ever under their Influence & 
Power; Hut that he hoped the Virginia act which had been read 
would have a good Effect to obtain this End, by restraining all the 
northern Indians from proceeding any more that way to the South- 
ward. He observed with how much Prudence & Caution Mr. Penn 
has formerly purchased all the Lands on Sasquahannah from the Five 
Nations, by n)enns of Colonel Dungan, then Govr. of New York. 
How many Treaties has been held with these Indians both at Phi- 
ladelpa. & Conestogoe, That the ffricndship between them had been 
inviolably preserved to this day, and he did not know that the Five 
Nations could be charged with any material Breach thereof. As to 
the Indian Trade, Sir William said, He believed no person from Pen- 
silvania had ever yet attempted to Force any Trade with the five 
Nations, but on the contrary, it appeared that Province was altogether 
indifferent about it, sii.ce it was so earnestly desired that these In- 
dians might forbear to Pass through their Settlements on Sasque- 
l.anriah. Nevertheless, it being a !«ubject that he did not understand, 
nor ever be intended to be particularly concerned in, He desired to be 
excus'd from enlarging further upon it at this time, and the rather 
because it was no part of his Business now with the Indians of the 
ffive Nations. 

The Secretary informed the Governour, that Richard Hill & Isaac 
Norris, (two of t!ie mpmbers of Council who had accompanied the 
Governour to Albany) had, in obedience to the Govrs. orders to them 
Communicated to the Council next day af er their arrival here, the 
Governours Negotiation with the Indians at Albany during the sd. 
Gentlcmens stay there. Whereupon, the Governour said that he 
reeded onlv take Notice to the Board of what farther Conference he 
had had with the Indians after the said Gentlemen's departure from 
Albany homewards, viz: on the 14th of September, the same is N. B. 
inserted in the preceding minutes ol Septr. £lst, as it was taken from 
the prmted Copy. 

The Govr. communicated to the Board a Letter he had this day 
received from Colonel Spotsuoud, Governor of Virginia, now here, 
Icing in the following words: 

FniLADELPHrA, Oct. 2, 1722. 

Sir : About two years ago I had the Honr. of a Letter from you, 
x\ ilh two Belts of Wampum from the Indians of your Province, 
V hereby they proposed a Peace with the Indians of Virginia, and 
tl'.at thereafter they should on both sides forbear all Courses to molest 
one another. Upon receit thereof, tke Chiefs of all our Indian Na- 
tions were assembled before rre in ('ouncil, where they solemnly 
engaged never ailer to Pass to the northward of Patowmeck River, 



PROVINCIAL COUNCIL. 217 

©r westward of the high Ridge of Mountains which extend all along 
the Frontiers of Virginia, without a Passjiort from the Governour of 
that Colony, provided the Indians bcinngino- to the other British Co- 
lonies to the Northward of Virginia would reciprocally promise never 
to Pass to the Southward or Eastward of the said Boundaries, with- 
out a Passport from the Governour of ihat Province, to which they 
should respectively belong, and our Indians, as a Testimony of such 
their Engagement, returned two Belts to your Indians, which I con- 
veyed to your hands last March was a twelvemonth. 

At the same time I sent another Celt to the five Nations with the 
very same Proposition, and now I have been at Albany to treat there 
with those Indians upon that subject, and having got the said ffive 
Nations together with the Tuscarouroes to give their Assent in the 
most ample and solemn manner to that Pro[)osition of the Boun- 
daries, I come here at this time to get the concurrence of your In- 
dians to the same Proposition, not doubting of all ready assistance 
with this Govermt. to bring such a Negotiation to an happy issue. 

I have also a Demand to make of some Negro Slaves belonging to 
V^irginia, which I understand are harboured among the Shuannoes 
and said to be set free and protected by those Indians. This is a pro- 
ceeding that must so dangerously affect the Properties of his Majes- 
ties subjects in these parts, that 1 greatiy depend on the Earnest 
Application of this Governmt. to discourage your Indians from such a 
Practice. 

Having nothing else to propose to your Indians but upon these two 
heads, I hope no difficulty can arise here to my treating with them 
as Governour of Virginia, especially while every step that 1 make 
will shew that I am with great Respect, 
Sir, 

Your most obedier.t humble Servant, 

A. SPOTSVVOOD. 

The Governour declared hi': approb?irinn of Colo. Spotswood's 
design to treat with our Indians upon the hpads mentd in his Let'er, 
and therein desired the advice & concurrence of the Board, but the 
Board but thin, and some of the members differing in opinion from 
the Governour upon the subject matter of the said Letter, the fur- 
ther consideration thereof was deferred till to morrow at three in the 
afternoon. 

The same day, after the Council broke up, the Govr. finding most 
of the members to be of a different opinion from him upon the sub- 
ject of Colo. Spotswood's intended Treaty with our Indians, Ho 
therefore desired them to cive him their Sentiments thereupon in 
Writing, which accordingly they did in the following Represent-.ition 
delivered to the Governour on the 6lh inst., by Mr. Secretary Logan. 



218 MINUTES OF THE 

At a Council held at Philadelphia, Octr. 10th, 1722. 

PRESENT : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 

Samuel Preston, William Assheton, 

Robert Assheton, James Logan, Secry. 

Thomas Masters, 

The Governour acquainted the Board that he had received the 
Representation of the Council last week, in Answer to Colo. Spots- 
wood's Letter to him, read in Council on the 3d inst., a Copy of 
which Representation he had delivered to Colo. Spotswood, together 
with a Letter expressing his own Sentiments upon that subject, 
which Letter was now read at the Board, and is as follows : 
Sir: 

Immediately after I received the Honr. of yours of the 2d inst., I 
called the Council of this Province together, & communicated the 
same to them with my Sentiments, viz: That I very much approved 
of your Proposal to Treat with our Indians at this time upon the 
Heads mentioned in your Letter ; For as I had carefully observed 
the General Purport & Design of your Treaty & whole conduct at 
Albany with the Indians of the Five Nations, seemed principally to 
Secure all these Colonies, as well as Virginia, from being any longer 
imposed upon & molested by their accustomed way of breaking 
through their former Treaties & solemn Promises to the English 
Governments, without any Excuse than that they were not able to 
restrain their young men, I was well satisfied to see their Hands so 
effectually tyed up by their own voluntary act, and considering the 
near Relation, Intimacy & Correspondence between the ffive Nations 
Si our Indians upon Sasquahannah,. I could not but think, that if 
our Indians who are so much nearer to Virginia, were brought vo- 
luntarily &; distinctly by themselves to accept of & confirm the same 
Proposition as to the Boundaries which the ffive Nations have ac- 
tually undertaken for them, that they shall observe it would in all 
probability prevent future Disturbance on the Frontiers of these Co- 
lonies, and tend to a General Peace amongst the Indians on this side 
the Lakes. But finding that some members of the Council were not 
altogether of my opinion, and seemed to have a ditTerent view of this 
matter, I was willing to delay returning an Answer to your most 
oblidging Letter, until I had their Sentiments upon a subject that 
seemed to be of so much Importance to the Peace of this Province. 

I beg you will put a favourable construction on my hearty endea- 
vours to Answer your just Expectations, and to shew as far as 1 am 
able a perfect Regard to the Honr. & Interest of Virginia, and after 
you have considered the inclos'd Representacon from the Council to 
me, please to be assured, that according as it proves agreeable to 
your Excellent Judgement & great Experience in Affairs of this Na- 
ture, I will either wait upon you to Conestogoe, where at your Request 



PROVINCIAL COUNCIL. 219 

I have already appointed the Cheifs of our Indians to meet you, or 
if you chuse rather to leave any Directions with me, I shall diligent- 
ly use my best endeavours to bring the Indians into those measures 
which you propose, & which I rejoyce to observe have been so ju- 
iiiciously concerted and agreed upon between the Governmts. of Vir- 
^rinia & New York, for the General Advantage of His Majesties 
Dominions on this part of the Continent. I am with great Esteem & 
Respect, 

Sir, 

Your most humble & most obedient Servant, 

W. KEITH, 
rhilada., Oct. 6, 1722. 

hi Answer to which Letters 6z, Representation our Governour had 
received from Colo. Spotswood, the day before his Departure from 
this place, the following Letter with the Beits, &c., therein mentd., 
the sd. Letter being read, was in these Words : 

Philadelphia, Octr., 8th, 1722. 
Sir : Your Councils Representation against my intended Negotia- 
tions with the Indians of this Governmt., could not but greatly sur- 
prive me, while I came hither without the least apprehension of such 
an obstruction. For after so much pain had been taken, even by your 
coming last year in person to Virginia to discuss that Proposition of 
the Boundaiies, and to have explained the meaning of the Governmt. 
of Virginia with Respect to Potowmack River & the high ridge of 
Mountains; And after the Governmt. ol Pensilvania had appeared to 
be fully satisfied with the proposed Boundaries, when you Sir, with 
your Council present, in a solemn meeting at Conestogoe on the 6th 
of July. 1721, tell your Indians that you had actually made a Treaty 
for them, whereby ihey were bound not to Pass certain Limits which 
VGu had agreed on, and to which I understand your Indians very 
readily assented. I say, after this matter had been carried such a 
Length, could I reasonably expect that any of your Council should 
be allowed to contend for your Indians departing from their engage- 
ments, and not ratilying their Promises. 

Another extraordinary proceeding of your Council in this Affair, 
1 cannot but complain of. They are pleased to let me but just now 
understand that they dis;ipprove of the Virginia Law for enforcing 
and rendering more eflectual the Treaty which I came hither to make 
with your Indians, and that their intention is to oppose their Indians 
subjecting themselves to the Penalties of that Law. Had any of the 
four members of your Council which accompanied you to Albany, 
giving me the least Intimation (during a whole month that we dayly 
met and frequently discoursed upon the subject.) of their having then 
such Sentiments as are now contained in their Representation, I 
would have had these Points Cleared & Settled, before I would have 
put myself to the Expence of Purchasing Horses and preparing for a 

VOL. HI. 



22a MINUTES OF THE 

Journey out into your Indian Country, or I should at least hav? 
' returned home as soon as Colo. Harrison did, without attending here 
so many days for the Deliberations of your Council, which 1 find, 
by what I had the Honr. to receive from your Hands yesterday, to 
be so opposite to my principal Errand hither, that I apprehend my 
Negotiations with your Indians (so long as those Gentlemen continue 
in the Sentiments they have expressed under their hands) must prove 
to little purpose, or at least must lay the Foundation of Contentions 
between you and your Council, which I should the more Regret, if I 
could be in any ways Charged with being instrumental therein. 

Wherefore, give me leave to depart with only acknowledging the 
just sense I have of your sincere endeavours towards rendering my 
Negotiations effectual; And as I go away with the satisfaction of 
your Judgment intirely concurring with mine in this affair, I shall 
remain Easie under the present difference in opinion with some of 
your Council. But in case they should fall into another way of think- 
ing, when they Reflect how singularly they stand by themselves, as 
well with respect to the opinions of the Government of New York as 
to the Sentiments of the whole Legislature of Virginia, I therefore 
leave a Belt of Wampum to be offered by you in behalf of the Colony 
of Virginia so soon as you see a proper occasion to have your Indians 
ratify their Engagements for observing the proposed Boundaries, 
and that they may at the same time be made sensible of the Danger 
of breaking such Treaty with Virginia. I leave you also the Act of 
Assembly which has been lately made for that purpose. I likewise 
leave another Belt to be offered with such Proposilion as this Gov- 
ernmt. shall think fitting to make with Respect to the Runaway Ne- 
groes and Slaves belonging to Virginia. 

I am, with great Respect & Esteem, 

Sir, your most obedt. humble servant, 

A. SFOTSWOOD. 



Ala Council held At Philadelphia, Octr. 11th, 1722; 

PRESENT : 

The Honble Sir WILLIAM KEITH, Bart., Governour, 

Isaac Norris, Thomas Masters, 

Samuel Preston, James Logan, Secry. 

Robert Assheton, 

The Secretary laid before the Board the Message to the Indians 
ordered last night to be prepared, which with very little alteration 
was approved, and ordered forthwith to be dispatch'd to James Le- 
tort, to be by him interpreted to the Indians at Conestogoe, To whom 
he is also ordered to deliver two Belts of Wampum herewith sent, the 



PROVINCIAL COUNCIL. 22t 

i»ne to be delivered on the part of this Governmt. at the same time 
with the Message, and the other Belt to be delivered at the Interpre- 
tation of that part of the Message relating to the Runaway Virgiina 
Negroes. 

Which Message is as follows. 

To the Chiefs of the Conestogoe, Delaware, Shawannese & Ga- 
nawese Indians, 
friends & Brethren : 

You will rejoice with me that I and my Company are not only 
Safely returned. (by Gods blessing) from our long Journey to Albany, 
but that we have entered into a more firm & solemn League than 
ever before with all the five Nations. I was in hopes before this 
time to have seen you there myself in Company with my good Ifriend 
Colo. Spotswood, Governr. of Virginia, who returned with me from 
Albany to this place, and there to have laid before you the whole 
Treaty we have made. Colo. Spotswood also intended to come and 
acquaint you with the Treaty he has made with the five Nations, 
and to confirm the same with you ; but having spent a long time 
abroad, the year being far gone, and having heard at this Town 
some News from Virginia^ he was obliged to return home without 
farther Delay. He designed to visit you, and you will take kindly 
his Good will in this design, and excuse the necessity of leaving us so 
soon since his Affairs obliged him to it. 

I also must attend the meeting of our Assembly next week, and 
therefore I have ordered the Treaty 1 made with the ffive Nations, 
in behalf of all this Government, to be now interpreted to you by 
.fames Letort, who was with me at Albany. I shall also as your 
true (Triend, communicate to you the Treaty that Colo. Spotswood 
has made with the ffive Nations, which very nearly concerns you 
for they have included you in it, and have obliged you to observe it 
as well as themselves. 

You know the great pains that we have all taken to preserve Peace 
among the Indians. There was no End to the Robberies committed 
by the Young Men of the ffive Nations upon the people of Virginia, 
and to their Attacks upon the Indians of Virginia. He therefore, by 
several Treaties, agreed both with the Southern Indians and the ffive 
Nations upon certain Boundaries &; Limits to be fixed by them, that 
is, that the Indians of Virginia should not pass to the Westward of 
the great Ridge of Mountains, nor to the Northward of the great 
River Patowmeck, viz : the Southern Branch of it ; And that neither 
the five Nations, nor any of your or any other Northern Indians 
should pass to the Southward of the said Southern Branch of Patow- 
meck, nor to the Eastward of that great Ridge of Mountains, but that 
the Indians on both sides should exactly observe these Boundaries. 

Notwithstanding which the Young Men of the ffive Nations, & 
■ome of you sometimes in company with them since that agreement 
as you very well know have passed over those Boundaries, and have 
Jnne mischief to the Inhabitants of Virorinia & their Indians. 



222 MINUTES OF THE 

Therefore to prevent all such mischief for the future, the Governmt. 
of Virginia have made a very strict Law, by which, if any of the 
Southern Indians shall come to the Northward of Patovvmeck or pass 
to the Westward of the great Ridge it shall be lawful to put them to 
Death, and if any of the ffive Nations shall pass the said Boundaries 
to the Southward or Eastward of the same Boundaries, they shall be 
treated as publick Enemies and be put to Death, or transported into 
other Countries beyond the Seas. 

And Colo. SpotsNvood has now, in this most solemn Treaty, agreed 
with the fRve Nations for and in behalf of Ten Nations, who all in- 
habit within the great Ridge of Mountains, viz: the Nottaways, 
Mehevins, Nansemonds, Pammunkies, Cheecominies, Toderickroons, 
whom they call the Saponies, Ochnieecties, Stenikenocks, Meyrout- 
skies & Tootc'loes, that none of them without having a Passport from 
the Governour to produce, shall on any pretence whatsoever pass 
over the sd. great Ridge of Mountains to the Westward, nor to the 
Northward of the River Patowmeck, or in case they do without such 
a Passport, in shall be lawfull for the Indians to the Northward to 
put such Southern Indians to Death ; And the five Nations shave in 
like manner, most solemnly agreed for & in behalf of themselves the 
Maguese, Oneydoes, Onondagues, Cayoogoes and Sinnekes, as also 
for & in behalf of the Tuscaroroes, the Conestogoes, the Shawan- 
nese, the Octatiguanannkroons and the Ostagues, being in all Ten 
Nations, that none of them without having a Passport to produce the 
same, shall on any accot. whatsoever pass to the Southward of the 
River Patowmeck, which they call Kahangorouton, nor to the East- 
ward of the great Ridge of Mountains, or in case any of them or 
you shall pass the Boundaries on any accot. whatsoever without a 
Passport to produce, such Indians shall be put to Death for so being, 
or be transported and sold for Slaves ; and this Treaty they have 
all confirmed, and signed a Writing under their Hands for an ever- 
lasting Remembrance that they & their children & you & your Chil- 
dren may forever observe it. 

You see therefore, my Friends & Brethren, that as the five Na- 
tions have thought fit for preventing all further misunderstandings 
with Virginia, to bind not only themselves but have taken upon them 
to bind you, also most firmly to observe this Treaty; You for your 
own safety you must give Notice to all your people, that they strictly 
observe on your parts what they have done, lest any of you should 
foro-et & expose yourselves to the punishments which the Virginians 
will assuredly inflict on those who tresspass that Law and Solemn 
Acrreement, and accordingly I must press you all, as I am your 
true ffriend, most carefully to remember and observe the same, that 
you may not by this Treaty be brought into any trouble. 

I must further acquaint you, that Colo. Spotswood has left with mc 
a Belt of Wampum, to be delivered to you when your Chiefs think 
fit all to meet to receive the same, as a mark of your agreement to 
the Treaty the five Nations have made, which for your own safety 
you ought to observe, lest you fall under the Punishments to be 
inflicted on those who violate the Treaty. 



PROVINCIAL COUNCIL. 22S 

r must also further inform you that the five Nations have agreed 
m the same Treaty, that nt'ither they nor you shall receive or harbor 
any Negroes on any accot. whatsoever, but if any of them be found 
by the Indians in the woods, they shall be taken up and brought to 
the Governour that they may be returned to their masters, for you 
know the Negroes are Slaves. But now some of these Negroes hav- 
ing runaway from their masters in Virginia, are said to be enter- 
tained by some Shawaunese on Patowmeck ; Therefore, Colo. 
Spotswood sends a Helt which is now to be delivered to you that you 
may take up these Negroes, and he desires that they may be deli- 
vered to Culo. Mason, on Patowmeck in Virginia, who will give the 
Persons who will bring them to him, one Good Gun and two Blankets 
for each Negro, and 1 have herewith sent you my Pass that you may 
safely carry them into Virginia without any danger, & receive that 
Reward ; And the same value you will receive, from time to time, 
for every Runaway Negro that you shall lake up & deliver in the 
like manner that they may be restored to their master. 

This being a matter of Importance, we all expect that the Sha- 
vvannese shall forthwith deliver all these Negroes which they have, 
for you very well know that the Conestogoes liave obliged them- 
selves to this Government to answer for the Shawannese, for that 
they shall behave themselves friendly in all things to this Govern- 
ment and to all the English. But to entertain our Slaves is not only 
scandalous to the Indians but an injury to the English, and is con- 
trary to the Treaty's already made. 



At a Council held at Philadelphia, Novr. 5th, 1722. 

PItESENT : 

The Honble Sir WILLIAM KEIl M, Bart., Governour. 

Richard Hill, Thomas Masters. 

Isaac Norris, Andrew Hamilton, 

Saml. Preston, James Logan, Secretary. 
Robert Assheton, 

The Governour represented to the Board, that having made it his 
Care from his first accession to this Government, to preserve a perfect 
good understanding wirh all our neighbours & particularly with Mary- 
land, the measures concerted with that Governmt. notwithstanding the 
unhappy uncertainty of our Boundaries had proved so successful, 
that untill some warm & angry steps were made last winter by some 
Magistrates of Cecil Connty, we had lived very friendly with them. 
That further, in June last these magistrates had very unkindly made 
prisoners of Isaac Taylor,, the Surveyor, a magistrate & member of 
Assembly for the County (.f Chester, and Elisha Gatchel, another 
magistrate of the same ; That those two persons having engaged to 



2:24 MINUTES OF THE 

appear af Ccecil Court, in August last, when the Govr. was obliged 
to undertake his Journey to Albany. He sent an Express to his 
good Friend tiie Govr. of Maryland to have that matter accommoda- 
ted, but all the Resolutions taken in it, as he finds since his Return 
by the Report of James Logan and Robert Assheton, whorrs he had 
desired to wait on that Guvr. at Coecil Court, was, that those two 
men should be bound over fo the provincial Court at Annapolis, 
which they were pleased at length to respite on accot. of his absence 
on that important Journey ; That the Govr. had since wrote to Colo. 
Calvert, requesting that all those difTerences might lie over as they 
were till both Governrs. could in person adjust them, which he had 
proposed to Colo. Calvert to do by a Conference, if that Gentleman 
would be pleased to meet him. That three days smce he had reced. 
a Letter from Colo. Calvert, dated the 18th of last month, now read 
to the Board, by wch it manifestly appears that tho' that worthy 
Gentleman cannot forget his Character and innate Goodness, yet 
some Counsels seem of late to be entered on in Maryland, inconsis- 
tent with the tranquility of his Maties Subjects in both Govermts. 

The Governour therefore desires the opinion and advice of this 
Board, what measures may be most proper for him to take for pre- 
venting the fatal consequences of a general misunderstanding with 
such near Neighbours wt. whom we have hitherto lived in good 
ffriendship. 

The Board hereupon taking the premises seriously in considera- 
tion humbly offer it as their opinion, that as the Bounderies of Mary- 
land and Pensilvania upon each other have from the first Settlement 
of the Latter appeared disputable, and yet such amicable measures 
have been hitherto concerted between the Governr. of both, that 
Peace till very lately hath been preserved with that good understand- 
ing which is requisite between Neighbours &, Subjects of the same 
Crown ; Therefore, it will without a very just Cause given be inex- 
cusable in the aggressors to make any violation of the same. Tliat 
as our Proprietor for solid Reasons drawn from the Charters to both 
Provinces claimed to the Southwards of Octararoe, and it had for- 
merly been always understood by this Govmt., that the Lord Balti. 
more made no Claim to the Northward of that Creek or River, of 
which better proofs may be given than some of Maryland are willing 
to admit of. Those of this Province were therefore of opinion, that 
that to bound themselves by the same Limits the Lord Baltimore had 
prescribed to himself, would never be the cause of any Dispute with 
a Governmt. with which they laboured to maintain a perfect amity & 
good understanding. 

That the Settlement of Nottingham having been made by this Pro- 
vince near twenty years since within the Limits we conceived to be 
our Proprietors undoubted Right, and with all due Caution <fc Tender- 
ness not to interfere with the Claims of Maryland. In case that 
Tract called Talbots Mannor should be reverted to the Lord Proprie- 
tor, and Nottingham should appear to be within the Bounds of that 



PROVINCIAL COUNCIL. 225 

Manner, as is alledged from some late discoveries said to be mad« 
concerning it, there is the greater reason to expect tliat the Lord 
Baltemore, as the Genl. Proprietor, may be the belter satisfied to let 
those inhabitants rest unmolested till such time as it shall appear 
whether the Countrey where those Lands lie, shall on a lull Deter- 
mination of the Boundaries prove truely to be his right, especially 
since (as this Board has been informed) the enlargement of the first 
Grant of that Manner, being upon a very slender Coisideration, 
seems to have been regarded as a thing of little or no value to him, 
but as it could be obtained out of another Province by the endeavours 
of the Grantee. Otherwise, it appears difficult toaccot. why the Lord 
Baltemore should so easily part with such a quantity of Lnnd for 
only a Trifle ; That if the Survey & Grant of the Tract calltd New 
Munster be of so ancient a Date as Colo. Calveits Letter expresses, 
yet it was not known nor heard of by any in this Province (as far as 
can be discovered by this Board) for a great many years after, that 
that the Survey and Settlements made thereon in right of Pcnsilvania 
by purchasers in England above forty years old, were made inno- 
cently without the least suspicion that any Persons right was invaded 
by that Settlement; And if it prove true that the local Bou 'ds of it 
are so uncertain that (as is alledged) the Lines now claimed err by 
Haifa mile in their prescribed distance Irom Elk River, It appears 
consonant to Reason that these Boundaries, when the Genl. Title of 
the Proprietors to the Lands is settled, if they fall to Maryland should 
be adjusted by disinterested Persons, and that in the mean time the 
Possessors on Pensllvania Rights while tiiey deprive no Marylander 
of theirs should hold them peaceably, and be left to make their 
Terms if the Proprietors, should fail to make them for them on the 
Giand Decision. 

That as it appears that Isaac Taylor was taken by the officers of 
Maryland, only for Surveying to the Northward of the Line to which 
this Province, as has been said, has always claimed some certain 
Lands at the request of their Possessors that had never been granted 
nor surveyed by Maryland, and Elisha Galchel, upon an action 
grounded on a falsehood, with a design to try them fur their supposed 
Crimes by a Court of Maryland; It is evident that as the whole con- 
troversie turns upon the Boundaries in which neither Province can 
be impartial, and therefore are not to be allowed Judges in the Case. 
To press these men by such a Trial is no better than determining it 
by Force, wch is inconsistent with all that can be accounted Legal. 
That the Case being the same in Generil in all these Disputes, It is 
inconsistent with the Duty of all those concerned in Government to 
give way to any measures so incompatible with the maintenance of 
the Peace of his Majesties. Subjects committed to their Care, as these 
proceeding in their nature appear to be.' That to allow ofthem would 
throw both Provinces into a State of War, the promoters of wch must 
deservedly feel the heavey Censures of his Majesty, for that the ag- 
gressors must accot. for all the ensuing mischief; That it is no aevr 



226 MINUTES OF THE 

thing in America that the Bounda-ies of two Countries should lie for 
many years undeterinined, those of New York &; New Jersey being 
so to this Day. Yet this Board never heard that Hostilities, or what 
ammoiints to them, were committed in such Cases, or that officers 
were employed to raise Levies by force on the Settlements of each 
other. 

Upon these considerations, It is the advice of this Board that the 
Governour would be pleased to state these matters fully to the Go- 
vernour of Maryland, whose good understanding & Humanity can 
never approve of such unfriendly, not to say hostile Proceedings; 
That the Governour also would be pleased to give himself the trouble 
of meeting that Gent,, and in the most friendly manner labour to 
discuss the matter of all former Complaints, and stipulate such mea- 
sures as till the Boundaries aie settled, may prevent them for the 
future; That in t})e mean time effectually to end those differences, 
application be made to the Proprietor at Home to press a final ad- 
justment of the Boundaries ; That in case the Province of Maryland, 
hitherto our good Neighbours, should now so far change their mea- 
sures as no lonjjer to preserve Peace with us. The Governour would 
then be pleased to represent the matter effectually to the King & 
his Ministry, and in the mean time by all legal methods to support 
the peaceable People of this Province, as well as the Proprietor in 
the just Possession & Enjoyment of their Rights. 



At a Council held at Philadelphia, the 19th of Novr., 1722. 

PRESENT : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 
Richard Hill, Thomas Masters, 

Robert Assheton, William Assheton, 

Andrew Hamilton, James Logan, Secretary. 

The Governour not having had sufficient time, at the last meeting 
of the Council, to lay before the Board the Answer he had received 
from the Indians of Conestogoe, by James Le Tort, to the message 
sent them from himself & the Board, the 11th of October last, now 
orders the same to be read, & is in these words. 
Conestogoe, Octr. 18th, 1722. 

The Indians Speech to his Excellency Sir William Keith, Bart., 
Governour of the Province of Pensilvania, & his Honble Council at 
Philadelphia. ■ , 

Brethren: 

We have heard a Relation of the Gnvernours Proceedings at Al- 
bany, interpreted by James Le Tort, and are very glad for his safe 
Return, as also of the Governour of Virginia and his proceedings, 
from which we have a small Dread upon us, but we being here had 
not the opportunity to know what was acted. 



PROVINCIAL COUNCIL. 527 

The last time the Govevnour was here, we were in hopes he would 
clear all misunderstanding. 

We are very thankfull for the Governour's Care in letting us know 
the Law with respect to Virginia, and will take care to acquaint 
others and fake care to observe as directed by the Treaty which is 
engaged on our Parts. 

We are thankfull for ihe Belt of VVampum sent by the Governour 
in confirming the Law, & acquainting us of the Strickness of its 
Tyes. 

We are troubled in mind of being stop't for fear of some evil Con- 
sequence to happen thereby. Notwithstanding We say, as the three 
Governours agreeing with the fTive Nations on it, we are satisfied. 

We were in hopes there should been free Liberty to Pass & Re- 
pass, but as it's agreed otherwise, We will observe. 

We likewise, the Chiefs of the Conestogoes, Connays, Delawarcs 
& Shawannoes, send this Belt of Wampum to the Govr. & Council to 
confirm our Speech, Consent & Approbation, & thankfully ac- 
knowledging the Governours Care for & on our Behalf at the Treaty 
at Albany, and in the Spring our Chiefs will pay a visit to your Ex- 
cellency and Honble Council at Philadelphia. 

An Answer also from the Shawanna King in answer to that part 
of the message relating to the fugitive Negroes from Virginia, were 
read in these words: 

Conestogoe, Octr. 18th, 1722. 

From the Shawanna King To his Excellency Sir William Keith, 
Bart., Governour of the Province of Pensilvania. 

These are to acquaint you Brother concerning these Negroes Slaves 
belonging to Virginia, now at or amongst the Shawannoes at Oppertus. 
I will go my own self and take assistance where they are not exceed- 
ing the number 10 as directed. And as soon in the Spring as the 
Bark will run, We will lose no time to perform the taking of them 
according to Direction, for now they are abroad a Hunting, so it can 
be done no sooner ; besides, there will be Hazard in Seizing them 
for they are well armed, but we must take them by Guile. 
I am yr. Excellys most humble Servt. 

THE SHAWANNA KING. 

The Governr. further acquainted the Board, that the principal oc- 
casion of calling them together at this time was to advise with them 
upon the Proceedings of Maryland against Isaac Taylor & Elisha 
Gatchell, upon whose accot. the last" Council had met. That the 
said Persons, according to their Engagements to the former Quar- 
terly Court for Ccecil County had appeared at their last Court, and 
that the said Court had made an order of which they had procured 
a Copy in these Words: "Ordered, that Isaac Taylor & Elisha 

19 



228 MINUTES OF THE 

Gatchel be committed into the Sheriff's custody untill they find suf- 
ficient Security for their appearance at the next provincial Court, 
according to order of the Governr. & Council." 

S. KNIGHT, Clerk. 

That the Sheriff of that County had accordingly taken them into 
Custody, but that they had obtained leave for a few days to visit their 
families, and in the mean time came hither for advice, but that on 
the 24th of this instant they were obliged to be with the Sheriff, at 
his House in Coecil county. 

The Govr. hereupon desires the opinion of this Board what mea- 
sures may be most advisable to be taken for these men's Relief, and 
the subject matter being the same that was under the consideration of 
of the Board at their last meeting. 

It is further Resolved, That as it appears to this Board, that the 
ffacts for wch the sd. Isaac Taylor & E'isha Gatchel have been ap- 
prehended & committed by Maryland were within the Bounds of this 
Province, as Granted by his Maty King Charles the Second, and as 
they had been for many years acknowledged by Maryland, and have 
for twenty years past or thereabouts been in the Possession of the 
Inhabitants of this Province ; Therefore, they ought not by any 
means submit to any of their Courts or Orders, or acknowledge their 
Jurisdiction over them, and that this Governmt. ought to support 
them in the Defence of their just Rights. 



At a Council held at Philadelphia, May 20th, 1T23. 

PRESENT : 

The Honble Sir WILLIAM KEITH, Bart., Governr. 

James Logan, Samuel Preston, ^ „ , 

Robert Assheton, Thomas Masters, 3 ^^ ''^* 

The Governr. acquainted the Board, that he had thought fit to ap- 
point Patrick Baird, his Secretary, to be Clerk of the Council, and 
that he would in a fuller Board give his Reasons for so doing. 

Then He communicated to the Board the Speech of Whiwhinjac, 
King of the Gannawese Indians, delivered to the Governor (when 
there was not a sufhcient number of Counsellors to make a Quorum) 
by Civility, in the name of the sd. Whiwhinjac, and of his and all 
the other three Nations of Indians upon Susquehanna, viz : the Co- 
nestogoes, Delawares & Shawannese, at the Court House, May the 
18th, & rendred English by Ezekiel Harlan, Interpreter, which was 
read & is as follows : 

They rejoice that there is a Governr. here from England that 
loves the Indians as William Penn did. 



PROVINCIAL COUNCIL. 229 

They remember that William Penn did not approve of the me- 
thods of treating the Indians as Children, or Brethren by joining 
Hands, for in all these Cases, accidents may ha[)pen to break or 
weaken the tyes of Friendship. But William Penn said, We must 
all be one half Indian & the other half English, being as one Flesh 
& one Blood under one Head. 

William Penn often spoke to them and desired the Indians might 
hearken to what he said, and after three Generations were passed, 
and the People gone who heard his words, he desired that the wri- 
ting which he left with them might be read to the fourth Generation 
that they might know it was the sense and words of their Grand- 
fathers. 

William Penn knew the Indians to be a discerning People, that had 
Eyes to see a far off, and Ears to hearken unto & discover any ap- 
proaching Danger, and he ever looked upon them as his Brethren. 

William Penn told them he perceived that the Indians delighted 
too much in going to War, but lie advised them to Peace, for if they 
went abroad to War and thereby provoke other Nations to come & 
destroy them. 

He would not in that Case give them Countenance or any Assis- 
tance, but if they lived at home in Peace & minded their Hunting he 
would not only take care of their Goods & Families to protect them, 
but would also furnish them with Powder & Lead to defend them- 
selves against those who might come to War upon then^,. 

It was agreed both by William Penn & the Indians, that if it should 
happen at any time that either of them did forget the strict League 
of Friendship then made between them, the Party who faithfully kept 
and remembred the Covenant Chain should take the other, who had 
forgot, gently as it were by the shoulder and put him in mind of it 
again. 

As the Governour went last year to Albany to make a firm Peace 
with the ffive Nations, and to bury the Blood of an Indian that had 
been spilt by the English Whiwhinjac, the Ganawese King, here pre- 
sent, is come in the name of all the four Nations of Indians upon 
Susquehannah, viz: the Ganawese, Shawannoes, Conestogoes and 
Delawares, to desire that the same Blood may not only be buried but 
wash'd away as it were by a swift running Stream of Water never 
more to be seen or heard of, and they further desire the Governor to 
believe that as they are one fflesh with the English, they look upon 
themselves to be equally concerned with them in accidents of that 
Nature. 

They desire the Government may keep this Treaty in remem- 
brance, so as that no Clouds of any kind may arise to obscure it, but 
that it may remain bright and lasting as the Sun, & they desire that 
the Settlers &c young men near Conestogoe & their other Towns, 
may be directed to treat them with Kindness and Respect like Bre- 
thren. 

They also desire that the English may not be suffered to siraiten 



23.0 MINUTES OF THE 

or pincli the Ganawese or Shawannoes to make them remove further 
off, but to consider them as Brethren, for they have heard some 
words to this purpose which they do not care to mention. 

They are glad to find the English continue to send their young 
men with Goods amongst them, and they acknowledge that the Tra- 
ders are now very Civil & Kind to them, whereby they Eat their 
Victuals without Fear & have a true Relish of them. 

The Shawannoes, Gannawese, Conestogoes & Delavvares, shall 
never forget the words of William Penn, but since that Treaty was 
made between Him & Them, they do not find that we have been so 
careful to come as often to renew it with them at Conestogoe, as they 
have been to come to us at Philadelphia. 

They the said Indians both old & young do return the Governr- 
their hearty Thanks for his Care last year in sending Corn & Bis" 
cuit to their Families when they wanted it very much. 

Having finished what they had to say, Whiwhinjac, in the name 
«fc on behalf of all the said Indians, makes a present to the Gover- 
nour of 200 Skins. 

The young men of the Ganaway Town, in behalf of all their 
People say by way of Complaint, 



Then the Governrs. Answer to the Indians, which he was about 
to deliver, was read and approved. 

It was then considered by the Board what Presents should be re- 
turned to the Indians, and agreed to be as follows, viz: a Barrel of 
Powder, Twelve Gallons of Rum, SOO lb. of Biscuit, one Groce of 
Pipes, 20 lb. of Tobacco, 15 Strovvd Match Coats, 15 Blankets, 5 
pair of Shoes & Buckles, 5 pair of Stockings, 150 lb. of Lead, and 
Meat to the value of Twenty Shillings. 

Mr. Logan, the Secretary, produced a Return of an Order of 
Council of febry. 19th last which is as follows: 

By Virtue of an Order of Council held at Philada. the 19th day of 
Febry. J 1722, It was ordered, that John Knowles, John Wilmerton, 
Joseph Paul, John Atkins, Edward Brooks, & Richard Buzby do 
view a certain part of the great Road leading to Burlington through 
.John Shallcrosses & Thomas Kentons Lands in the Township of 
Oxford Uo Certify that we have both viewed «fc measured both 
Roads & finding the difference in Longitude to be only about two 
or three Perches, and that the new Road is better Land than the old, 
& that the Owners of the said Lands may & ought according to 
our Judgment and Order of the above sd. Council, make & clear the 
new Road effectual & commodious for Passengers & Travellers at 
their own Charges which said Road begins in the old Road near 
the Corners of the said Thomas Kentons & Solomon Halls Fences 
thence North Eighty four Degrees Easterly thirty two perches.^ 
Uience North Eighty Eight Degrees Easterly one hundred & eighty 



PROVINCIAL COUNCIL. 231 

perches, thence north sixty seven Degrees easterly eighteen 
perches, thence North forty four Degs. easterly eighty two perches 
to the old Road which courses are desired to he Confirmed. 

PETER TAYLOR, Sunr. 
Jno. Wilmerton, John Atkins, 

Joseph Paul, Jolin Knowles, 

Richd. Buzby, Edwd. Brooks. 

March 8th, 1722. 

The Governour read a Letter from James Mitchell Justice of the 
Peace in Chester County directed to the Governour & Council, 
Dated at Donnegal April 25th 1723, containing an Address from 
Ocowellos King of the upper Shawanese &c. To which the Board 
atrreed to make Answer as follows. 

In Answer to the message from the uppear Shawanese on Sus- 
quehanna, mentioning their past visits, and another shortly intended 
to the Governour of Canada whom they think fit to call their Fa- 
ther. The Governour & Council say. That William Penns people 
in this Countrey, are by Treaties united to all the Indians as in one 
Body ; But the ffrench & English are two distinct People, as the 
long Wars that have been between the English & them fully shew. 
Now no Indians that are united to us can be joyned to them, be- 
cause that would divide the same Body into two Parts and utterly 
destroy it. 

The Govr. &; Council therefore, cannot agree that any of our 
Brethren should be joyned in League to any other Nation or People 
than to the Subjects of our Great King George who is the Head of 
all the English and of their Brethren. If these Indians are united to 
us, wesha-li desire their Company and that they may live with us as 
Brethren in Peace & Love as all our other Brethren have hitherto 
done and ever must do with us. 

The Governr. at their request sends them five Gallons of Rum to 
chear their Hearts at hearing of these his Words, and one Strowd 
Match Coat to Confirm them. 

The Board agreed to meet the Indians at the Court House the 
same Afternoon & accordmgly, 

P. M: PUESENT : 

The Honble the Governour, and same members as in the after- 
noon, sundry Gentlemen & many other People. 

Whiwhinjac, Civility, sundry Chiefs & other Indians. 

Ezekiel Harlan & Indian Smith, Interpreters. 

The Governr. answered Whiwhinjac's Speech of the 18th instant, 
as follows. 

Brethren: You Know that I came from William Penn to fulfill his 
kind words to the Indians, and to be as a Father to them now, since 
He is gone. 

VOL. III. 



232 MINUTES OF THE 

It is also the Orders &; Command of the Great King George mj 
Master, That the English & the Indians should live together as Bre- 
thren in one Family. 

If any of us therefore happen to be sick or in want of food the 
other should help him, and when any Loss or Misfortune befalls 
either the English or the Indians, the other is sorry &, in grief for it. 

You say William Penn Knew you to be a discerning People that 
could see and hear afar ofl', and I say you Know the English to be a 
faithful good People who always keep their Treaties 6l Leagues 
punctually with the Indians, and you also know that our Laws make 
no distinction between our people and yours. 

We being thus linked together in one Family, we ought always to 
have but o:ie Counsel and so be of one mind, and therefore we can- 
not suffer one half to go to War while the other remains at home in 
Peace. 

When any People are divided in their Councils & opinions they 
grow weak &, soon become a prey to their Enemies. 

In such cases you know it is the constant practice amongst your 
People to consult together in Council untill the old & wise men over- 
come & convince the weaker heads of the young & foolish. 

Just so ought you to do with us, because we are altogether one 
people, and then the Family become strong in Love Peace & Friend- 
ship to each other. 

Remember that this is the bright Chain of Love and Friendship 
wherewith William Penn bound your People and his together, never 
more to be separated. By this Chain Philadelphia is joined to Co- 
nestogoe, and all the Indian Towns upon Susquehanna. 

By laying our hands hs it were on this Chain, We can safely tra- 
vel by night or by day through all your Towns, and into the woods, 
and in like manner your people are thereby conducted safely through 
all our Settlements back again to us at Philadelphia. 

You must know & remember that it is my proper Office & Busi- 
ness, as Governor of the whole Country to keep this Chain perfectly 
clean and free from the least Speck of Rust. 

You therefore Whiwhinjac, King of the Ganawese who have now 
spoke to me in the name and on the behalf of the four Nations of In- 
dians upon Susquehanna must remember what I am now going to 
say and tell the other Chiefs of these Nations That I expect you 
and they being frequently in Council together with your old &; wise 
men will be exceedingly carefull to keep that End of the Chain to- 
wards your own Settlements always bright & Clear, and you may 
assure all your People that as often as any of them have occasion to 
come down to visit their Brethren the English here, they shall not 
find the least spot on this End of the Chain fastned here, which is 
always in my view and shall be my particular Care. 



PROVINCIAL COUNCIL. 233 

The dead Body of our Indian Brother whom you mention was 
covered by me at Albany in the sight of all the Chiefs of the Five 
Nations and to the Satisfaction of his Kindred; Nevertheless I take 
it very kindly that you now desire that Blood may be washed away 
under the Ground never more to be seen or heard of. This shews 
that you are tiuely our Brethren, and hereupon I embrace and as it 
were take into my arms you and all your People. 

I will take care that no English Settlements shall hereafter be 
made too near your Towns to disturb you, so that the Shawanoes & 
Ganawese may remain in Peace where they now are, for we are 
well pleased with them as Neighbours and do not desire to see them 
remove further from us. But as I have always been ready to hear 
your Complaints and to take care of you as my own Children, so I 
must also do by the English ; Wherefore I desire you will be mind- 
full to treat them like Brethren of the same family and do not suffer 
your young People with their Dogs & Arrows to Hunt & Kill their 
Creatures. 

I gave you these things here before you to confirm what 1 have 
said, viz : the presents before mentd. 

I have also ordered some Provisions and Gallons of Rum to help 
you back to your Families, and I heartily wish you a good Journey 
home, which done. 

Civility, by the Interpreter, told the Governour he had something 
to say, which was, 

The Indians well approve of all the Govr. had said except where 
he told them that the English Law made no difference between the 
English and Indians, for they should not like, upon an Indians com- 
mitting a fault, that he should be imprisoned as they had seen some 
Englishmen were. 

To which the Governor answered, 

That they misapprehended his meaning, which was, That if any 
Englishman did injury to an Indian he should suffer the same pu- 
nishment as if he had done it to an Englishman. But if an Indian 
committed Robbery or such like Crime agst. the Engligh, he would 
acquaint their Chief with it and from expect Satisfaction. 

Then Civility told the Governr. that they looked upon it as a great 
Hardship for them to be confined from Hunting on the other side Pa- 
towmeck, for that in their neighbouring Woods was but little Game. 

To which the Govr. answered, 

That the ffive Nations by their Treaty with the Governr. of Vir 
ginia had agreed not only to forbear themselves, but also to restrain 
the Susquehanna Indians from Hunting there, for that He (Civility) 
knew that some of the ffive Nations under pretence of hunting had 
gone then formerly and murdered & plundered some of ihe English, 
which was the cause of making that severe article in the Treaty. 

Then Civility said. That Whiwhinjac and the rest purposed to pro- 
ceed to Annapolis, to renew their League of Friendship with the 



234 MINUTES OF THE 

Governor there as the has done here, and they thought proper to 
acquaint him thereof. 

To vvch the Govr. answered, 

That the people of Maryland & Pensilvania were very good 
Friends, and he was contented they shonld go, but that y' Indians 
should consider that as they were Inhabitants of Pensilvania, they 
were immediately subjects of that Governmt.,& none other. 



Esq'rs. 



At a Council held at Philadelphia, Aug. Sd, IfSS. 

PRESENT : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 
Richard Hill, James Logan, ] 

Samuel Preston, Robert Assheton, • 

The Governour inform'd the Board that he had the preceding 
Night received a Letter from the Governour of Maryland, by an 
Express, which was read and is as follows : 

Annapolis, July 29th, 1723. 

Sir : Having received Instructions from the Rigt. Honble Charles 
Lord Baltemore, absolute Lord & Proprietary of the Province of 
Maryland, forthwith to return to him, the true Limits & Boundaries of 
the said Province, in pursuance of a Letter from the Right Honble 
the Lords Commissioners for Trade & Plantations. I, in obedience 
to his Lordships Commands, send this to acquaint you, that I intend 
on the 10th, 11th & 12th days of Septr. next on the west side of the 
Susquehannah River, to take the fortieth Degree of northerly Lati- 
tude from the Equinoctial, the better towards enabling me to answer 
the Ends of his Majesties Service express'd in their said Lordships 
Letter. And the Lord Baltemore hath thought proper thus to 
make known the same unto you, lest you or some of the Pensilva- 
nians our Neighbours might take Umbrage or misconster these our 
Transactions. 

I am, Sir, with great Esteem, 

Your most humble Servant, 

CHA. CALVERT. 

Address'd To his Excellency Sir William Keith, Bart., Governour 
of Pensilvania, Philadelphia. 

Then the Govr. produced a Letter which he had received from the 
Right Honble the Lords Commissioners for Trade & Plantations, 
dated Aug. 7th, 1719, which was read, and is as follows: 

***** 

And after some reasoning upon the subject of Colo. Calvert's Let- 
ter, the Board agreed with the Governour in his Sentiments, and re- 
commended it to Him to return a proper & full Answer thereto. 



PROVINCIAL COUNCIL. 235 

At a Council held at Philada., Septr. 4, 1723. 

present: 

The Honble Sir WILLIAM KEITH, Bart., Governour. 

Richard Hill, James Logan, ? p r 

Anthony Palmer, Robert Assheton, 3 

The Governour acquainted the Board that he had answered Colo. 
Calverts Letter of July 29th last as follows : 

Sir : I have the Ilonr. of yours dated the 29th ult., by your Ex- 
press, wherein you acquaint me that jou have received Instructions 
from my Lord Baltemore, forthwith to Return to him the true Limits 
& Bounderies of the Province of Maryland, pursuant to a Letter 
from the Right Honble the Lords Commissioners for Trade & Plan- 
tations directed, as I suppose, to His Lordship for that purpose. Yoa 
also in obedience to his Lordships Commands are therein pleased 
to give me notice that you intend on the lOth, 11th & 12th days of 
Sept. next, upon the west side of Susquehanna River to take the 
40th Degree of northern Latitude from the Equinoctial, the better to 
enable you to answer the Ends of his Majesties Service expressed in 
their Lordships said Letter ; and your further add, that my Lord 
Baltemore has thought proper thus to make known the same unto 
me, least I, or any Inhabitants of Pensilvanla should take umbrage 
at or misconstrue your Transactions. 

In Answer, I beg leave to think that my Carriage & Behaviou-r 
since I have been Governour of this Province, has whenever an oc- 
casion offered, been truely respectfull to my Lord Baltemore, for 
whose Person and noble Character I do profess a very great & most 
sincere Esteem, so that I cannot imagine how His Lordship or any 
'if his Friends can conceive that I should concern myself with, and 
much less take umbrage at any orders which his Ldship is pleased 
to give to his officers in Maryland, or the Transactions to be done in 
pursuance of such his Lordships Orders, within the just or reputed 
known Limits of his Provmce of Maryland. But, if under the pre- 
tence of executing any orders from my Lord Baltimore, or from the 
Lords Commissioners of Trade & Plantatations, which have not been 
•ommunicated to the Proprietor or Governour of this Province for the 
time being, it is intended or designed to take any Observation or Run 
out any Line whereby the Proprietor of Pcnsilvania may be hereafter 
excluded from, or in the least prejudiced in what will on a fair Enquiry 
appear to be his just Right, or if under any pretence whatsoever it 
be proposed that the officers of Maryland by themselves, and with- 
out the concurrence of the Proprietor of thisProvince,or of such as are 
lawfully impowered by him, shall lake upon them, to extend by any 
Observation or Survey, the northern Boundary of Maryland beyond 
the Octoraroe Line, established (as I am ready to prove by incon- 
tcstible Evidence) above forty years ago by Charles then Lord Bal- 
temore, and Second Proprietor of that Province, who certainly was 



236 MINUTES OF THE 

well acquainted with the meaning & construction of his own Patent 
or Grant from the Crown, in either of those cases. I beg leave to 
say, that my Duty indispensably obliges me strenuously to oppose 
all Observations or Surveys made with any such unequitable & par- 
tial Intent. 

In the year 1719, I received a letter from the Right Ilonble The 
Lords Commissioners of Trade & Plantations of which I herewth 
send you a Copy, because I believe it to be in Course much the same 
with what you mention to have been received on the part ot Mary- 
land, and if so, you may easily observe that there is not any thing 
there which will direct or countenance you to discover the Bounds 
of Maryland by Astronomical Rules and uncertain Observations, So 
that probably it must be some other Service than that of His Ma- 
jesty, or the Proprietor of Maryland vvhich now gives Rise to such 
a Conceit. But if Mr. Secretary Lloyd, whom I know to be a very 
ingenious & inquisitive Gentleman, must needs improve his skill in 
Observations of that nature, it is my humble opinion, he will doit to 
better purpose and more safely, by consulting my Lord Baltcmore's 
original Patent or Grant, which confines the Province of Maryland 
on this side, in these words : " To that part of Delaware Bay which 
" lyeth under the fortieth Degree or Northely Latitude," than by 
running up into the Woods on the west side of Susquehanna River, 
without a sufficient authority & proper Direction for that purpose. 

I take this opportunity to put you in mind of your Promise last 
March when I waited for the Honr. of your Company at New Cas- 
tle, viz : That as soon as some Letters then expected from my Lord 
Baltemore did arrive, you would certainly give me a meeting in 
Company with some Gentlemen of your Council, in order to Quiet the 
minds of the People, by calmly hearing what was to be said on both 
sides, and settling such littie Differences as had then happened on 
the Frontiers between these two Provinces. As this would be an act 
truely becoming the Duty of our resoective Stations, it could not fail 
to meet with a general approbation at Home, and therefore I humbly 
entreat you will be pleased to lay this Proposal before your Council, 
as a matter of some Importance which claims their serious Delibera- 
tion, before you proceed to take your proposed Observations upon 
Susquehanna, and whatever time & place you and the Council of 
Maryland think fit to agree upon for conferring with me, and some 
Gentlemen of my Council in order to adjust all Differences in opin- 
ion about Limits or other misunderstandings, shall upon Notice 
thereof be punctually observed and complyed with by 

Sir, your most obedient humble Servant, 

W. KEITH. 

Of which Answer the Board very well approved. 

The Governour then informed the Board, that he had since that 
time received another Letter from Govr. Calvert which was read, 
and is as follows : 



PROVINCIAL COUNCIL. 237 

Annapolis, Augt. 19th, 1723. 
Sir Willm. : 

I have the Honn of yours dated the 3d instant in answer to mine 
of the 29th ult., which according to your desire I have laid before 
my Council. They are unanimously of opinion that it is necessary 
I should in as peaceable a manner as possible, strictly observe his 
Lordships Instructions lately received, wch expressly enjoyn me to 
take an Observation on the west side of Susquehannah, on the 10th, 
11th & 12th of September next, from whence you will easily per- 
ceive that the doing so is not a Project or Concert of Mr. Secretary 
Loyd's. 

They are likewise of opinion, that it is not adviseable for me, at 
present, to enter into any Conference which may in any wise relate 
to or affect the Boundaries, But you may be assured that I shall use 
all means in mj'^ Power to Quiet any Differences which may arise, 
and preserve the public Peace between his Majesties Subjects in both 
Provinces. 

I am, Sir, with the greatest Regard, 

Your most humble Servant, 

CHA. CALVERT, 

P. S. I intend to be upon the Plantation of Robert West, called 
Maidens Mount, in Baltemore County, but commonly known by the 
name of Bald Fryar, on Monday the 9th day of Septr., in order there 
to begin to take the Observations. 

C. C. 

The Governour then acquainted the Board that he proposed on the 
morrow to go for Conestogoe, whereupon they requested him to meet 
Colo. Calvert upon Susquehannah if he could conveniently. 



At a Council held at Philadelphia, 22d Novr., 1723, 

PRESENT : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 

Richard Hill, Samuel Preston, 1 

Anthony Palmer, Robert Assheton, lEsq'rs. 

Henry Brooke, J 

The Governour proposed to the Board, (that in regard some late 
members of the Council being dead, others sick, &; some absent, and 
at a time when the Assembly was sitting, & when Business of Con- 
quence might probably offer,) that an addition be made to the number 
of members of Council, & named William Fishbourn & Josiah Rolfe 
as proper Persons to be called ; To which Proposal the Board una- 
nimously agreed. 



238 MINUTES OF THfi 

Then the Govr. produced the Draught of an humble Address to 
his Majesty on occasion of the happy Discovery of the late traiterous 
Conspiracy in England against his Matics Person & Government, to 
which He desired the concurrence of the Board. The same was read, 
and with some small amendment unanimously agreed to. 

Then Richard Hill & Henry Brooke, Esqrs., two of the members, 
were appointed to wait upon the House of Representatives, to desire 
their Concurrence v/ith the Governour & Council in presenting the 
said Address. 

On the Petition of John Shallcross & Thomas Kenton, praying 
that the part of the great Road leading to Burlington, which passes 
through their Lands & mentioned in a former Petition & Order of 
Cauncil of the 19th of Febry. last, may, according to the return 
thereof be Confirmed. The same is Granted & accordingly Con- 
firmed. 

On the Petition of sundry Inhabitants of the Counties of Philada. 
& Chester, praying that Six other men (different from those by a 
former order of Council appointed,) may be ordered to view the 
Land and to lay out a high Road from William Paschal's, on the 
great Conestogoe Road, to the Swedes Ford over Schuylkill ; And 
on another Petition of divers Inhabitants of the Counties of Chester 
& Philada., to the same purpose, both read. Ordered That William 
Davies, Caleb Evans, and Evan Evans of Radnor, Hugh Hughes, 
Thos. Morgan, Morris Llewellyn, & William Havard of Merrion, 
Evan Hughes and John David of East Town, do view the said Land 
& lay out a Road from William Paschal's, in Whitland, (following 
the most commodious Courses for the public) to the Swedes Ford 
upon Schuylkill, and to make Return thereof to this Board in Six 
weeks at furthest. 



At a Council held at Philada., 28th Novr., 1721 

PRESENT : 

The Honble Sir WILLIAM KEITH, Bart., Go\ernour. 

Richard Hill, Samuel Preston, ; „ , _ 

Robert Assheton, J ^ *' 

William Fishbourn, Esqr., attending, was called in, & after having 
taken & subscribed the several Qualifications required by Law, a? 
also that of a Counsellor of this Province, He took his place at the 
Board. 

The Governour acquainted the Board that on the 22d Inst., post 
merid, the House of Representatives returned to Him the Draught of 
the Address to his Majesty which had been sent down for their Con- 
currence, with a Message, That the said House with their Speaker 



PROVINCIAL COUNCIL- 2S9 

unanimously concurr'd with the Govemour and Council in presenting 
the said Address without any amendmt. which Address is as fol- 
lows.* 
To the Kings Most Excellent Majesty, 

The Humble Address of the Governour, Council and Assembly of 
the Province of Pensilvania met at Philada. the 22d day of Novem- 
ber 1723. 
Most Gracious Sovereign : 

When we reflect on the most providential Event of your Majes- 
ties peaceable Accession to the Throne of your Ancestors, and pursue 
the same Divine Hand through the many uncommon Blessings, 
which from the Fountain of your Wisdom and Royal Clemency 
have flowed upon all your Dominions during the Course of your 
Great Reign. We find in our Breasts an irresistable Desire to De- 
clare in the most publick manner we can, our utter abhorrence of the 
unnatural and most absurd Principles of those wicked men, who 
were any ways concerned in Framing & carrying on the late traito- 
rous Conspiracy against your Majesties Sacred Person & Govern- 
ment. 

We Bless God, and at the same time most heartily congratulate 
your Sacred Majesty, on the seasonable, clear, & ha ppv Discovery of 
that detestab!e Plot; and that your most Serene Majesty, and all the 
illustrious Branches of your Royal Family, may forever continue to 
Prosper under the apparent Influences of Heaven, by subduing your 
Enemies, endearing your Allies, aud making all your good Subjects 
perfectly Plappy, is the Wishes and Prayers of 

May it please your Majesty, your Majesties most Loyal, most 
Faithfull, and most obedient Subjects, 

W. KEITH, &c. &c. 

Note : Those members of the Council & House of Representa- 
tives, who are of the People called Quakers; agreed to the whole 
Substance of this Address, but excepted to the Stile. 

A Bill from the Plouse of Representatives for emitting & making 
Current ^630,000 in Bills of Credit, was Read, and Considered, but 
there being several Blanks in the latter part of the said Bill, the fur- 
ther Consideration thereof is referr'd till to morrow. 

Then the Governour read a rough Draught of several Clauses 
which He intended to propose to the House of Representatives as a 
proper Addition to the said Bill, after which the Council Adjourned. 



^See the Minute of Deer. 7th, next. 

At a Council held at Philada., 3d December 1723. 

PliESENT: 

The I-Ionble Sir WILLIAM KEITH, Bart., Governour. 
Richard Hill, Samuel Preston, ^ p 'r 

Robert Assheton, William Fishbourn, 5 ^'^ 

Josiah Rolfe, Esqr., attending, was called in, and after havin 

20 



240 MINUTES OF THE 

taken & subscribed the several Oaths required by Law, as also that 
of a Counseller of this Province, He took his place at the Board. 
Then the Council adjourned till afternoon. 



EODEM DIE P. M. 

PRESENT : 

The Governour and same members as in the Forenoon, & Antho- 
ny Palmer Esqr. 

The Bill for emitting & making Currt. ^630,000 in Bills of Credit, 
was read Paragraph by Paragraph and considered, & after several 
amendments proposed, tlie further consideration thereof was referred 
till to morrow; till when the Council adjourned. 



At a Council held at Philada., 4th Deer., 172S. 

PRESENT : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 
Samuel Preston, Robert Assheton, ^ p , 

William Fishbourn, Josiah Rolfe, 5 *^^^ ^'' 

The Bill for emitting & making Currt. ^630,000 in Bills of Cre- 
dit, was further considered, and some few amendments made, and 
ordered That the Bill together with the amendments be carried back 
to the House of Representatives. 

- On the Petition of Thomas Lindley and George Aston, praying 
that Leave may be given them at their own Cost or Charge to alter 
part of a Road passing through their Lands near Thomas Moores 
Mill in Chester County. 

Ordered That John Minehold, Thomas Moore, Joseph Coleman, 
James Thomas, Michael Harland, & Jno. Taylor do view the said 
Land, and if no inconveniency arise from altering the same road. 
That they or any four of them, do lay out a Road through the said 
Lands commodious for the Publick and as little hurtfuU as may be 
to any private Person to be at the Expence of the said Thomas 
Lindly & George Aston, cleared & made ; And that they make 
Return of their proceedings therein to this Board within Six Weeks 
at furthest. 



At a Council held at Philada., 5th Deer., 1723. 

PRESENT : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 
Robert Assheton, Henry Brooke, 7 ^ , 

William Fishbourn, Josiah Rolfe, > ^ 

The Bill for emitting & making Curt. £30,000 in Bills of Credit- 



PROVINCIAL COUNCIL. 241 

being returned together with the yesterdays amendments by the 
Governour in Council, and some of the said amendments bemg con- 
ceded to by the House of Representatives,the Board considered further 
of the said Bill and having agreed to entertain proposed Alterations, 
Ordered That a Copy of the same together with the Bill be remit- 
ed to the House. 



At a Council held at Philada., 7th Deer., 1723. 

PRESENT : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 

Richard Hill, Samuel Preston, 

Robert Assheton, Henry Brooke, ^Esq'rs. 

Willm. Fishbourn, Josiah Rolfe, 

The Council being met The Governour sent down for the House 
of Representatives in order to Sign the humble Address to His Ma- 
jesty, which was voted and agreed unto the 22d ult., and according- 
ly, the House with their Speaker came up and the same was Sign'd (its 
Tenor is as inserted in the Minutes of Novr. 28th) by the Governr., 
all the members of Council this day present, and by David Lloyd 
Speaker of the House of Representatives, by Order and on behalf of 
the whole House, N. C. D. 



At a Council held at Philada., 9th Deer., 1723. 

PRESENT : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 
Richard Hill, Isaac Norris, "^ 

Samuel Preston, Anthony Palmer, ! p, , 

Robert Assheton, Henry Brooke, j ^ 

William Fishbourn, Josiah Rolfe, J 

The Minutes of the former Council were read as usual, then a Bill 
from the House of Representatives for laying an Excise upon all 
Wine, Brandy, Rum & other Spirits, retailed in this Province,was read 
& considered, and an amendment thereunto proposed a Copy w hereof 
together with the Bill is ordered to be carried to the House of Re- 
presentatives. 

Then the Govr. observed to the Board that in regard some ofthe 
late Magistrates of the Province were dead & others absent He 
thought it would be necessary to issue out new Commissions of the 
Peace, and recommend to them to consider of proper persons to till 
up these vacant places in the Magistracy, against another meeting of 
Council. 



242 MINUTES OF THE 

At a Council held at Philada., 11th Deer., 172S. 

PRESENT : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 

Robert Assheton, Henry Brooke, ? f 'r<; 

William Fishbourn, Josiah Rolfe, 5 ^^ 

The Minutes of the preceding Council read Then a Bill from the 
House of Representatives prescribing the fibrms of Declaration of 
Fidelity, &.C. instead of the fibrms heretofore required, was read, as 
were also two Petitions to the House of Representatives for, and 
other two against the said Bill, the consideration whereof is deferr'd 
till to morrow, till when the Council adjourned. 



At a Council held at Philadia., 12th Deer., 1723. 

present: 

The Honble WILLIAM KEITH, Bart., Governour. 

Richard Hill, Samuel Preston, "^ 

Anthony Palmer, Robert Assheton, ! p , 

Andrew Hamilton, Henry Brooke, [ ^*^ ^'" 

Willm. Fishbourn, Josiah Rolfe, J 

The Council being met. The Governour sent down for the House 
of Representatives, which accordingly with their Speaker came up, 
and presented to the Govr. two engrossed Bills, the first entituled An 
act for Emitting and making Current £30,000 in Bills of Credit, the 
other, An act laying an Excise on all Wine, Rum, Brandy and other 
Spirits retailed in this Province, both which, the Governour Pass'd 
into Laws of this Province, and then the House withdrew. 

Then the Governour, according to what he had mentioned to the 
Board in a preceding Council, produced a List of the Names of such 
Persons as he thought fittest to Serve in the Magistracy, to all whom, 
none of the Board made any exception. 



At a Council held at Philadelphia, 3 1st Janry, 1723-4. 

PRESENT : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 

Robert Assheton, Andrew Hamilton, ? p, , 

Henry Brooke, Josiah Rolfe, 5 

The Return of an Order of Council of the 25th of Janr., 1722-5, 
Signed by Joseph Coleman, Robert Jones, &c., dated the 20lh of 
Novr. 1723 was read ; as also the Return of another Order of 



PROVINCIAL COUNCIL. 245 

Council of the 22d Novr., 1723 signed by Thomas Morgan, Evan 
Hughes, ike, dated the 12th Janr., 1723-4, together with the seve- 
ral Petitions of both parties relating to a Road from William Pas- 
chals, in Chester County, to the Swedes Ford over Scuylkill, 
severally praying that the said Rnad may confirmed according to 
their respective Returns, all which having been considered by the 
Board, and John Havard appearing in behalf of the latter Return. 

Ordered That both Parties do severally prepare an exact Draught 
or Chart according to the Return for which they are concerned, and 
bring the same before this Board betw^ixt and the 20th ofFebry. next 
ensuing, and that the said John Havard do make known unto the 
said Joseph Coleman, Robt. Jones, &c., or some of them, this present 
Order by shewing them a Copy thereof with.n three Days that they 
may not pretend Ignorance. And in case they shall neglect to comply 
therewith upon such Notice given, That then, the said Return, of 
Janry. the 12th, shall be. & is hereby Confirmed. 

The Return of an Order of Council of Deer. 4th, last past, for 
viewing &. laying out part of a Road through the Lands of Thomas 
Lindley & George Aston in Chester County, being read, and it ap- 
pearing under the Hands of the Persons to whom the said Order was 
directed that no inconveniency does arise from altering the said Road 
according to the Petition of the said Lindley & Aston — Ordered 
That the said Thomas Lindly & George Aston, do Clear the sd. 
Road passing through their Lands at their own proper Costs & Char- 
ges according to the aforesd. Return, and that the same be & is 
hereby accordingly Confirmed. 



At a Council held at Philadelphia, April 30th, 1724. 

PRESENT . 

The Honble Sir WILLIAM KEITH, Bart., Governr. 

Samuel Preston, Robert Assheton, ^ p, , 

William Fishbourn, Josiah Rolfe, ^ ^ 

The Minutes of the preceeding Council were read, & then The 
several Petitions for the respective Roads as laid out by Robert 
Jones, &c. and Thomas Morgan, &c., a Petition from the Congrega- 
tion of Baptists and several other Representations were all read, & 
considered by the Board. And the two several Draughts returned by 
Robert Jones &c. and Thomas Morgan &c., were examined bj the 
Board, and then the Council adjourned till 4 o'clock in the afternoon 
and accordingly 

P. M. PRESENT : 

The Honble Sir WILLIAM KEITH, Bart,, Governour. 
Samuel Preston, Anthony Palmer, 

Robert Assheton, William Fishbourn, 

Josiah Rolfe, 

The paiticular Arguments and Reasons of both Parties contending 

VOL. III. 



), vEsq'rs. 



244 MINUTES OF THE 

for the respective Roads from Whitland in Chester Coimty to the 
Swedes Ford over Schuylkill were heard by the Board, and the Par- 
lies being withdrawn, the Board resolved to defer the Determination 
thereof untill the Surveyor should be examined thereupon, and that 
He be Summoned to attend this Board on Tuesday the 5th day of 
May next till which time the Board adjourns. 



At a Council held at Philada. 5th May, 1724. 

PRESEAT : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 

Richard Hill, Robert Assheton, ) p , 

William Fishbourn, Josiah Rolfe, 5 

The Minutes of the preceeding Council were read as usual and 
David Levvellyn the Surveyor (that laid out both the Roads from 
Whitland, in Chester County to the Swedes Ford over Schuylkill) 
attending according to order, was called in & Examined. And the 
Board after mature Consideration of all the circumstances relating 
to the said Roads, finding the Southernmost Road to be the most 
convenient for the publick, especially, necessary, for the Congrega- 
tion of Baptists, and of least Detriment to private Persons 

Ordered That the said Road according to the Returns thereof 
under the Hands of Thomas Morgan, Evan Hughes, John Davis, 
Hugh Hughes, Morris Lewelyn, William Havard, AVilliam Davies, 
Caleb Evans, & Evan Evans be with all convenient speed opened, 
Cleared, & made Good, and that the same be and is Hereby accord- 
ingly Confirmed. 

Then the Governour laid before the Board, & caused to be read, 
an original Agreement between the Right Honble Charles Lord Bal- 
timore Proprietor of Maryland & Hannah Penn Widow & Execu- 
trix of William Penn Esqr. late Proprietor of Pensilva. and Joshua 
Gee & Henry Gouldney of London in behalf of themselves and the 
rest of the Mortgages of the Province of Pcnsilvania, the Copy where- 
of follows, viz : 

Whereas There are Disputes depending between the respective 
Proprietors of the Provinces of Maryland and Pensilvania touching 
the Limits or Boundarys of the said Provinces, where they are con- 
tiguous to each other. And whereas both Parties are at this time 
sincerel}' inclined to Enter into a Treaty in order to take such meth- 
ods as may be advisable for the final determining the said Contro- 
very, by agreeing upon such Lines or other marks of distinction to 
be settled as may remain for a perpetual Boundary between the two 
Provinces. 



PROVINCIAL COUNCIL. 245 

It is therefore mutually agreed between the RiglitHonbleCharles 
Lord Baltemore Proprietor & Governour of Marryland and Hannah 
Penn Widow & Executrix of William Peiin Esqr. late Proprietor & 
Governour of Pensilvania and Joshua Gee of London Merchant 
and Henry Gouldney of London Linnen Draper in behalf of them- 
selves and the rest of the Mortgagees of the Province of Pensilvania 
That for avoiding of all manner o( Contentions, or Differences between 
the Inhabitants of the said Provinces no Person or Persons shall be 
disturbed or molested in their Possessions on either side, nor any 
Lands be Surveyed, taken up, or Granted in either of the said Pro- 
vinces near the Boundaries which have been Claimed or Pretended 
to on either Side. 

Tiii^ AfJREEMENT to Continue for the Space of eighteen Months 
t'rom the Date hereof, in which time 'tis hoped the Boundaries will 
be determined and Settled, And it is mutually agreed on by the said 
Parties, That Proclamations be Issued out in the said Provinces sig- 
nifying this Agreement for the better Quieting of the People. And the 
Lieutenant Governours and other proper Officers of the respective 
Provinces for the time being are directed & enjoyn'd to Conform 
themselves agreeable Hereunto, and to issue out Proclamations ac- 
cordingly upon the Receipt hereof. 

ly WrrNEss whereof the Parties above named have hereunto Set 
their Hands this 17th day of February, 1723. 

(Sign'd) BALTEMORE. 

Witness— S. Clement, HANNAH PENN, 

Cha. Lowe, JOSHUA GEE, 

James Logan, HENRY GOULDNEY. 

Then the Governour read a Letter to the Board, which he purposed 
to send to the Governour of Maryland i elating to the above agree- 
ment, 'vhich was unanimously assented to, and the Copy whereof 
follows: 

PiiTLADA.,May 5th, 1724. 
Sir: 

Inclosed T send you the Copy of an Original Agreement concerning 
the disputed Boundaries of the Provinces o! Maryland and Pensilva- 
nia, which is just come to my Hands, & since doubtless this will 
have an immediate good Effect by Quieting his Majesties Subjects on 
both sides in the peaceable enjoyment of their present Settlements. 
f am pers waded that on our Parts, We shall with Equal ChearfuU- 
ness be diligei.t to lose no time in issuing the Proclamations thereby di- 
vec'ed, as well as strictly observing the Conditions in the sd. Articleg 
stipulated and agreed upon between our respective Principles. 
I am with Esteem, Sir, 

Your most obedt. humble Servant, 

W. KEITH. 

Then it was agreed by the Board, that, pursuant to the foresd. Di- 
rection, Proclnmatif)ns should be prepared in order to be issued 
accordingly with all convenient Speed. 



246 MINUTES OF THE 

Then the Governr. observed to the Board that since the Death of 
Thomas Master- Ksqr. late a member of Council it would be re- 
quisite to call another from amongst the People called Quakers in 
order to preserve that Equality which he had always regarded in the 
Call of Ciiuncellors, and named Francis Rawle, Esqr., as a proper 
Person, whereof the Board unanimously approved. 

A Petition having been presented to the Governour against Tho- 
mas Watson of Bucks County Gent., for some illegal Practices 
under Colour of Justice and lawful Authority. 

It is the opinion of the Board that the sd. Thomas Watson should 
have Notice L'iven him to make his appearance in order to clear 
himself of the allegations in the sd. Petition set forth if he thinks fit. 

The Governour then proposed to the Board that in Regard John 
Ramsay for the most part did perform the Duty of Chamber Keeper 
to the Council, it were but reasonable He should Enjoy the Profits of 
the said office, whereof the Board approved ; & accordingly 

Ordered That John Ramsay do from henceforth perform the 
Duty of Chamber Keeper to the Council, and that He be entituled to 
all the Profits & Perquisites from this time accruing or appertaining 
to the sd. office durintj his continuance therein. 



v-Esq'rs. 



At a Council held at Philada., 6th May, ir24. 

PRKSENT : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 

Richard Hill, Anthony Palmer, 

Robert Assheton, Willm. Fishbourn, 

Josiah Rolfe, 

The minutes of the preceeding Council being read A Bill from the 
House of Representatives Entituled An act to enable Trustees to Sell 
the Old Court House & Prison belonging to the Burrough & County 
of Chester, was read, cV, ordered to be returned without amendment. 

A Bill, Entituled, An act for demolishing & removing Fishing 
Dams, Wears & Kedles set across the River Schuylkill, was read, 
and ordered to be returned with amendments. 

Also, a Bill, entituled, An Act for continuing and establishing a 
Ferry over Neshameny Creek on the Kings High Road from Philada. 
to Bristol in the County of Bucks, which, with some amendments 
was likewise ordered to be returned. 



PROVINCIAL COUNCIL. 247 

At a Council held at Phiiada., 7th May, 1724. 

PRESENT : 

The HonbleSir WILLIAM KEITH, Bart., Governour. 

Richard Hill, Samuel Preston, "j 

Anthony Palmer, Robert Assheton, vEsq'rs. 

William Fishbourn, Josiah Rolfe, J 

The Governour informed the Board that He had last tiight received^ 
by the way of New York a Letter from Mrs. Penn with another 
Original Duplicate of the Agreement betwixt Her & my Lord Balte- 
more relating to the Boundaries of the two Provinces of Pcnsilvania 
& Maryland, and directing Proclamations to be issued according to 
the Tenor of the said Agreement. He also observed to the Board, 
that seeing He had now two Originals of the sd. Agreement it 
would be proper that he should write anew to Colo. Calvert, Gover- 
nour of Maryland, and at the same time send him an Original for the 
more certain satisfaction of that Government. 

The Governour then ordered to be read an Address from the As- 
sembly of the 2d instant, to him, complaining and desiring Redress 
of Grievances & Encroachments of New Castle County upon that of 
Chester, as also his Answer thereunto of the 5lh instant, and then 
for their better Information, He acquainted the Boaid (as far as con- 
sisted with his own knowledge.) of a Dispute lately arisen concerning 
the Boundaries of Chester and New Castle Counties, and a Process 
which he had issued agst. one Thomas Hill and his Accomplices, for 
some illegal and unwarrantable Acts: And that he was expecting a 
Committee of the Assembly to attend and lay before the Board what 
they had relating thereto. 

Then the Governour informed the Board that a Bill from the 
House of Representatives, entituled An Act for the better enabling 
certain Persons therein mentd. to Trade Azc in this Province, had 
brought to him, but that He had returned the same to the House 
without laying it before the Board, and also had sent them a written 
Message, together with an Original Instruction from the Crown rela- 
ting to private Bills, wherewith the said Bill is incompatible, as it 
now stands. 

Then was read a Bill from the House of Representatives entituled 
An Act to improve the Breed of Horses & regulate Rangers, and or- 
dered to be returned with amendments. 

The Governour then sent to inform the House nf Representatives, 
that the Council was sitting and ready to receive what the House had 
to lay before the Board ; And soon after, the Speaker with Six other 
members came up, and after some reasoning between the Governour 
and Speaker upon the Subject matter of the Division Line between the 
Counties of Chester & New Castle as also of some Differences that 
had happened on the late Administration of an Intestates Estate, is- 
sued from the office of New Castle, near to the said Boundaries in 



248 MINUTES OF THE 

Dispute ; The Speaker and the other members of the House of Re- 
presentatives withdrew, and in order to Compose the Heats Si Ani- 
mosities that were Hive to arise on several matters in Question, It 
was unanimously the Opinion and Advice of the Board to the Gover- 
nour, That he would please to issue out proper Authorities for taking 
the Administration of ihe said Estate universally into his own hands, 
for the equal satisfaction of the Creditors & all parties concerned, to 
which the Governour agreed, and ap|)ointed Mr. Assheton a member 
at the Board & Recyrder of the City to make out proper Instruments 
for the Governour to Sign &; cause to be executed accordingly. 



1, lEsq'i 



Ala Council h'-ld at Philada., 9th May, 1724. 

PRESENT : 

The Honble Sir V/ILLIAM KEITH, Bart., Governour. 

Richard Hill, Samuel Preston, 

Robert Assheton, William Fishbourn, 

Josiah Rolfe, 

The Minutes of the preceding Council read as usual. Then a Re- 
presentation of the Case of the People called Quakers with respect 
to the Forms of Declaration of Fidelity, AfKrrnation, <fec., (praying 
that a Bill now under Conj^ideratidU of the Board, prescribing new 
Forms of Declaration, Solemn Affirmation, &c., might by the Go- 
venour be Pass'd into a Law of this Province,) was read. Then the 
Bill,entitul('d An Act prescribing the Forms of Declaration ofFidelity, 
Abjuration &. Affirmation, instead of the Forms heretofore required 
in such Cases. 

Also was read an Address from the House of Representatives re- 
questing the Governour to Pass the sd. Bill, Likewise his Answer 
thereto, wherein he express'd his willingness to Pass the same, seeing 
it contained a Clause to wait his Majesties Approbation before it 
should take effect. 

And it is the unanimous opinion of the Board, that the Governour 
may safely Pass the said Bill as it is now offerred. 

EODEM DIE P. M. 
prksext: 
The Governour and same members as in the Forenoon. 
The Council being sat. The House of Representatives with then- 
Speaker came up and presented to the Governour the engross'd Bill 
entitulcd An Act prescribing the Forms of Declarations of Fidelity, 
Abjuration & Affirmation, instead of the Forms heretofore required 



PROVINCIAL COl'NCIL, 249 

in such Cases. Which the Governour Pass'd into a Lav/ of this 
Province. 

Also a Bill, entituled An Act for continuing & establishing a Ferry 
over Neshamcny Creek on the Kings hi^h Road from Philada. to 
Bristol in the County of Bucks. 

A Bill, entituled An Act to enable Trustees to sell the old Court 
House & Prison belonging to the Burrough & County of Chester. 

A Bill entituled An Act to improve the Breed of Horses & regulate 
Rangers. 

And a Bill entituled An Act for the better enabling of John Cratho, 
mercht., Caspar Wistar & Nicholas Gateau, to Trade and to buy and 
hold Lands in this Province. 

All which were by the Governour Pass'd into Laws of this Pro- 
vince. Then the House of Assembly being withdrawn, the Council 
adjourned. 



At a Council held at Philada., May 14th, 1724. 

PRESENT : 

The Honble Sir WILLRM KEITH, Bart., Governour. 
Richard Hill, Samuel Preston, "J • 

Robert Assheton, Colo. John French, J-Esq'rg. 

Josiah Rolfe, J 

The Governour acquainted the Board that He had called the 
Council together at this time, (now that Colo. French a Magistrate of 
New Castle County & a member of this Board was in Town,) in 
order to appoint a time for giving the Magistrates of N. Castle Coun- 
ty an opportunity to object to the Bounds of the sd. County as they 
are Limited by the Return of a Warrant under the late Mr. Penn 
the Proprietary's Hand, if any thing they had to object thereunto. 
And having interrogated Colo. French v/hat he knew concerning the 
Magistrates of New Castle their opinions of the Bounds limited by 
the said Return ; He informed tlie Board that he well knew that the 
Magistiates and others Inhabitants of N. Castle County, would 
offer some very material objections to the said Return & the Bounds 
thereby limited. And after some reasoning upon what was fit to be 
done in this Affair. 

Resolved That Colo. French should inform the Magistrates and 
those concerned in N. Castle County, to prepare with all convenient 
Speed what objections they had to the said Limits as ascertained by 
the said Return and what other Lights or Evidences they might have 
in order to clear up the mistakes & disputes that had lately arisen 
betwixt the Counties of Chester & New Castle concerning their Boun- 
daries, so that after a full hearing some certain Determination may 
be made thereon to the future Quiet & Peace of the Inhabitants of 
both Countries. 



250 MLNUTES OF THE 

At a Council held at Philada., May 15th, 1724. 

PRESENT : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 
Richard Hill, Colo. John French, 



William Fishbourn, Josiah Rolfe, ' J Esq'rs. 

The Minutes of the proceeding Council being read the Governour 
acquainted the Board that agreable to the Minutes of Council of 
the 7th instant He had prepared a Draught of a Proclamation pur- 
suant to the Directions given in the late Agreement between Mrs. Penn 
& My Lord Baltimore concerning the Boundaries of the two Pro- 
vinces of Pensilvania & Maryland Which being read & unanimous- 
ly approved of. 

Ordered That the same be transcribed fair for the Seal and pub- 
lished, and that an Hundred Copies thereof be Printed and dispersed 
through both Governments, to the end that none may pretend Igno- 
rance thereof. 



At a Council held at Philada., Aug. 5th, 1724. 

PKESENT : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 

Richard Hill, James Logan, "] 

Isaac Norris, Samuel Preston, lEsq'rs. 

Robert Assheton, J 

The Minutes of the preceeding Council being read as usual, The 
Governour acquainted the Board that He had called the Council 
together upon the arrival of the Secretary Mr. Logan to know if he 
had any thing from the Proprietors Family or other matters to lay 
before the Board. Mr. Logan said that he had already delivered to 
the Governour what He had to offer from the Proprietors Family, 
and that he had nothing else. 

The Governour then informed the Board that he had received a 
a Letter from Mrs. Penn, with a Postcript to it from Joshua Gee & 
Henry Gouldney, relating to the affairs of the Government of the 
Province and containing some Instructions, which for certain Rea- 
sons, and particularly for that He believed that they were obtained 
by some misrepresentations in England, and that he thought it not 
for the Interest and Service of the Proprietors Family to make pub- 
lick. Yet if the Board thought it necessary, He then had the Letter 
in his Hand, and would lay it before them, and thereupon asked their 
opinions. 

The members present all spoke in their Turns. But the Gover- 
nour observing to them frequently himself, that the Missive Letter he 



PROVINCIAL COUNCIL. 251 

had received being addressed to himself, 6c containing only some par- 
ticular Directions for his conduct, vvhirh, out of Regard to the Pro- 
prietors Family & their Interest, he declared he could not follow, 
untill according to his Duty he had humhiy represented to that 
Honble Family the just Grounds on which this his opinion was 
founded. 

Thereupon the members were of opinion, that there was? nothing 
herein beforementioned regularly before them from the Proprietors 
Family. Mr. Logan observed, upnn the Governours mentioning that 
the Letter was delivered to him in a private manner, that he had en- 
deavoured to proceed in this affair with Prudence, and that he should 
not speak further to the matter at this time, but he craved that his 
present Silence should not be accounted as a Bar toPreclude him from 
performing his Duty in what was expected of him, which he should 
endeavour to Discharo;e with all due Regard to the Government & 
the Governour. 

The Governour then informed the Board that Mr. Hamilton had 
lately resigned his office of Attorney General, and as many inconve- 
niences might arise unless a proper person could be found to act in 
that office, He therefore recommended to the members to think of a 
fit Person for it ; meanwhile, it is the opinion of the Board, that the 
several Clerks of the Peace should be directed by the Governour to 
carry on Processes in the King's name, and all other publick proceed- 
ings according to Law within their respective Counties untill a fit & 
capable Person (who will accept thereof) is found, to be Attorney Ge- 
neral. 



At a Council held at Philada., Octr, 3d, 1724. 

PRESENT : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 
Richard Hill, James Logan, "1 

Isaac Norris, Anthony Palmer, i- Esq'rs. 

Robert Assheton, Henry Brooke, J 

The Governour acquainted the Board, that He had called the 
Council at this time to have their Advice & opinions concerning 
some goods supposed to be Wreck, imported from Cape May in a 
Sloop called the Two Brothers, comrnanded by Jonathan Swain, and 
for which goods Salvage is claimed by certain Mariners who came 
passengers in said sloop, the said goods at this time being under the 
Collectors Seizure, on suspicion of dishonest practices of the said 
Master or Mariners claiming Salrage. 

The Affidavit of ihe said Mariners, narrating the manner how they 
came by the said goods, was read &, considered, as also a state ot' 
the case drawn up and offered by the Collector; Whereupon, it was 

21 



252 • MINUTES OF THE 

unanimously the opinion of the Board, that in this Case the Gover- 
nour, with the Assent & dincurrence ofthf OHricer of the Port, nnay 
not only make a proper 6i strict Enquiry of the Marks, Numbers & 
value of the Goods so suppos'd to be Wreck'd and imported; but also 
that for failure of any owner <>r Claimant, may likewise direct the 
said Goods into the Hands of responsible Persons, t > be disposed of or 
kept for the Benefit of the right owners if any such shall hereafter 
appear, according to the true Intent and Meaning of the Statute, 12 
Anne. 

And accordingly the Governour, with the concurrence of the Col- 
lector (then present) and with advice of the Council, has Ordered 
that the said Goods shall be put into the Hands of James Logan & 
Thomas Lawrence, Esqrs., to be executed by Warrant, directed to 
the High Sheriff of the City & County of Philada. for that purpose. 



At a Council Held at Philada., Octr., 10th, 1724. 

PKESBST : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 

Richard Hill, James Logan, "| 

Robert Assheton, Henry Biooke, lEsq'rs. 

Wm. Fishbourn, J 

The SherifFof the City & County of Philada. having executed the 
Governours Warrant to him directed, for collecting and putting into 
the Hands of James Logan & Thomas Lawrence, Esqrs., certain 
Goods saved from the Wrecks of the Jenny Pink of LonddU, and the 
ShipMinehead of Bristol, and hiving n ade Return thereof the same was 
read; Whereby it api)ears, that all the Goods which he could come at 
Avere, viz : Eighty six hundred two Quarters & one pound Sugar net. 
Nine hundred one Quarter & twenty five Pounds Cotton in Bags, Two 
Casks & five Bags (iringer, qt twenty four Hundred & three pounds. 
Three Anchors, wt. in all twenty two Hundred three Quarters & 
twenty one pounds, one Hogsd. Rum qt. Ninety Gallons, and one 
Cable, wt. twenty Hundred two Quarters and four pounds. And that 
there are, viz : one Cable, one Tierce of Rum, one Bag of Cotton, 
Two Mainsails, & one Graplin, (being the residue of the Goods saved 
out of the foresaid Vessels &- here imported) in the Hands of sun- 
dry persons in the City of Philada., who pretend to have brought and 
refuse to deliver the same. 

The Mariners who imported the above mentd. Goods having ex- 
hibited Accounts of their Demands of Wages, Charges, Diet, &c., 
unto the said James Logan & Thomas Lawrence, amounting to 
£121, 12, 8, Sterling m the whole, and the same being by them of- 
fered to the Consideration of the Hoard, It is ordeued, that the said 
Accots. and Demands of the Mariners be referred to some persons of 



PROVINCIAL COUNCIL. 25S 

this City ofCredit and Reputation. Skilled in maritine and mercantile 
affairs, toconsider the same, who may indiireiently between the owners 
of the Goods and the Sailors settle and adjust what to them shall, upon a 
full enquiry, appear to be reasonably due lo the Demandants, And 
George M'Call, Benjamin Godeffrey, George Filzwater, William 
Attwood and Brinoldus l)e Haes, are accordingly appointed & autho- 
rized lo examine and adjust the said accots., and are desired to l»eport 
the same to this Board under their I lands or the Hands of any three 
of them, on Thursday the 15ih instant, at lOo'Clock in the Morning. 
And it having been observed & considered by the Board, That 
there is not only a necessity of selling some part of the Goods, to 
make payment to the Mariners of such Sums as shall upon the above 
mentionei Report be f)und to be justly dun, and defray toother neces- 
sary Charges; but also that the Season of the year now is, when 
Goods which area proper Return for Irinirlan I will probably sell for 
the b>st Price, and thereby prove to the greater advantage of the 
right owners, and likewise ihat in general the aforem<mtioned Goods 
are in some measure perishable. It is therefore thought to be ne- 
cessary, & accordingly it is OKnERKi), That the said James Logan & 
Thomas Lawrence, sh ill &. may sell forthwith all or so much of the 
forementioned Goods, as tn their DiscnUion & skill in M'^rchandize 
shall seem expedient for the greater advantage and satisfaction of 
the rightfull Owners when they shall appear. 

And the said James Logan & Thomas J^awrence, are further di- 
rected by this Board to use all proper and legal means for securing 
& recovering the foremen'ioned Residue of the said Goods, or the 
Value thereof, out of the Hands of the several persons detaining or 
refusing to deliver the same for the purposes aforesaid, and to make 
~ Report to this Board of their proceedings herein. 



JKsq'r 



At a Council held at Philada., Octr., 15th, 1724. 

PKES NT : 

The Ilonble Sir WILLIAM KEITH, Bart., Governour 

Richard Hill, James Logan, 

Robert Assheton, Henry Brooke, 

William Fishbourn, 

The Minutes of the preceeding Council being read, the Report of 
the Auditors of the Accots. & Demands of the Mariners who imported 
certain Goods saved from the Wrecks of the Jenny Pink of London, 
and Minehead of Bristol, being called for was also read, and it ap- 
pearing to the Board that due Care had been taken by the said Audi- 
tors in examining & adjusting the same, & that thereby there is 
found due to the said Mariners in all, the sum of One hundred & forty 
seven pounds eight Shillings &. 85 d. Proclamation Money. 



254 MINUTES OF THE 

Ordered, That James Logan &, Thomas Lawrence, the Trustees 
for the Owners of the foresaid Goods, do satisfy the Claims of the 
several Mariners according to the said Report, every of the said 
Mariners first proving by Oath made before the Ma>or oi- Recorder 
of this City, that they were Shipt at the time & for the Wages men- 
tioned in theirAccots. mentioned to the said Auditors, and also clearing 
themselves by Oath from having embezled ativ of the Goods saved 
from the said Ships, and I'rom being interested in any other Goods so 
saved than what they here imp rted, And also declaring upon Oath 
that they received no part of their Wages in Jamaica or elsewhere. 

A Petition from Jonathan Swain, Master of the Sloop Two Bro- 
thers, was read at the Board, representing that his said Sloop was 
unjustly under Seizure of the Collector of the Port o( Philada., and 
praying the Board to interpose for his Relief; as also that he may 
beallo'ved his Freight for the forement'd Wreck Goods, amounting to 
thirty Six pounds. The substance of whi< h Petition being considered. It 
is the opinion ol'the Board, that so far as it relates to the Seizure it doth 
not regularly ly before this Board, but the Members present do i-equest 
the Governour that he would be pleased to interpose so far therein as 
to remove any just cause of Complaint on the part of the said Swain 
on that accot.. And for the Freight lie is referred to lames L<igan and 
Thomas Lawrence, to be by them satisfied for the same as far as they 
shall think justly to be his Due. 

Then the Governour ordered to be read a Petition from John Mitchel in 
behalf of his Wife Ann, who now lyes in the Goal of Philada. under 
Sentence of Death for Burglary, (but reprieved) representing that his 
said Wife is big with Child, and praying that lor the preservation of 
the Infant she may be released out of Prison, on Condition that she 
shall never return into this C'it\ during the Petitioners Life. The Board 
having considered that the said Ann Mitchel is a proper object of 
Mercy, do recommend her as such to the Governour for a Pardon. 



Esq'rs. 



At a Council held at Philada., Febry 10th, 1724-5. 



The Honble Sir WILLIAM KEITH, Bart., Governour. 

Richard Hill, James Logan. 

Colo. John French, William Fishbourn, 

The Governour acquainted the Board that he had received two 
Bills from the House of Representatives which according to his 
constant Custom he meant to have revised & considered by the 
Board. The first, entituled An Act to prevent the Rxportation of 
Bread & Flour not merchantable, was read, and the Governour pro- 
posed some Amendments to it, whereof the Board approved. 



PROVINCIAL COUNCIL. 255 

Then was read the other Bill, entituled An Act to enable Jeremiah 
Langhorne, William Biles, Joseph Kirkbricle. junr., Thomus Watson 
Practitioner in Physick, and Abraham Chapman, to build a new 
Court House & Prison in the County of Bucks. 

The Governour declared his own Sentiments thereof to be, that the 
Bill in itself was needless and even unreasonable, seeing it would lay 
a Hardship upon tne Inhabitants of the Burrough of Bristol and 
other parts of Bucks County, but as the House of Representatives 
seemed strenuously to insist upon it, and that no Petition or Repre- 
sentation from that County appeared against it, He thought it not of 
so much consequence to the Publick as to engage him in a Dispute 
with the House thereupon, to the Delay of other publick business; Ne- 
vertheless, he proposed to offer an Objection to the Bill in general. 

Then a Petition from John Cathcart to the Govr. was read, setting 
Ibrth and praying Relief against some Difficulties he lies under 
through the Collectors, refusing to grant him legal Permits for the 
Exportation of certain Goods condenmed to be forfeited in this 
Port, and by him purchased from the Sheriff at publick Sale. The 
Governour having read to the Board some Clauses of a late Act of 
Parliament and of his Instructions from his Majesty relating to these 
matters, and after it was argued 6i, fully spoke to by every Member 
present. The Board were of opinion, that the said John Cathcart had 
a Right to obtain from the Collector proper Certificates, declaring 
the manner how he came to be the Proprietor and lawfull owner of 
the Goods which by Order of Law were sold to him by the Sheriff 
at publick Sale, and to export the same, with such Clearances as by 
the practice of the Customs in England, and in the other Colonies, 
are usually granted in the like cases where Goods have been legally 
Condemned and sold for the Kings use. 

Then a Petition from divers Palatines was read, praying that the 
Govr. & Council would recommend them to the favourable usage of 
the Proprietors Agents, and that they might be allowed to purchase 
Lands in this Province, &c. The Petition is referr'd to Mr. Logan, 
and the rest of the Proprietors Agents to consider thereof, and to Re- 
port their opinions to the Board concerning the same. 



At a Council held at Fhilada,, March 9th, 1724-5. 

PRESENT : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 
Richard Hill, James Logan, "^ 

Isaac Norris, Samuel Preston, 'kPso'rs 

Anthony Palmer, Robert Asshelon. j ^ 

William Fishbourn, J 

The Minutes of the proceeding Council were read, and some 
sma amendments made thereto. 

VOL. III. 



256 MINUTES OF THE 

Then Mr. Logan stood up, having a printed Paper in his Hand, 
and complained that in that Paper he found himself very much inju- 
red in his Cliaracter, and saying that if the Cliarge therein were 
proved against him He should be unworthy to sit any more at 
that Board, and was about to read it. But the Governour interrupt- 
ed him, giving the Board to know that there was publick Business of 
the Province before them which being of much greater consequence 
ought first to be discuss'd. Mr. Logan insisted that then was a pro- 
per time to justify himself. To which the Govr. said, seeing Mr. 
Logan was so earnest upon it he should not want an opportunity, 
and that soon to vindicate Inmself if he could, but that the publick 
Business ought not to be postponed, therefore Mr. Logan then re- 
quired that It might be to morrow morning, at which the Governour 
declared that he was very well prepared to enter upon that Debate, 
but had other Business in the morning; Another Member then pro- 
posed Friday morning being the 12th instani, which tiine is agreed 
to, and then Mr. Logan without any farther saying withdrew from 
the Council. 

Then was read a Bill from the House of Representatives, entituled 
An Act to regulate the practice upon Writs of Sunmions and Arrests. 
Amendments proposed were : 

That the W rit of Summons therein mentioned should be in the 
Kings Stile as other Writs, and That filing the Declaration by the 
day of the Return shall be sufficient. 

Then was rend another Bill from the House, entituled An act for 
the better securing the City of Philadelphia from the Danger of 
Gunpowder. As also, a Petition of sundiy Inhabitants of the said 
City, setting forth that the place appointed by the sd. Bill for erect- 
ing a Powder House was dangerous to the City in General, and of 
great detriment to the Petitioners in particular. 

It is recommended to Richard Hill, Isaac Norris, Robert Assheton, 
& William Fishbouin, Esqrs., or any two of them, to view the place 
intended for the erection of the Powder House, and Report their opin- 
ions of the Propriety thereof to the next Council. 

And another Bill, entituled An act for raising of County Rates & 
Levies, is also recommended to the perusal of the same Members till 
the next meeting of Council. 

Then the Council was adjourned till Friday, at 10 o'Clock. 



At a Council held at Philada, March 12th, 1724-5. 

PRESENT : 

'ITie Honble Sir WILLIAM KEITH, Bart., Governour. 
Richard Hill, James Logan, "J 

Isaac Norris, Samuel Preston, I Esq'rs. 

Anthony Palmer, Robert Assheton. J 

William Fishbourn, 

The Minutes of the preceeding Council were read & approved,. 



PROVINCIAL COUNCIL. 257 

and then Mr. Lofran observintr, that in the Governours Letter to Mrs. 
Penn, lately printed in the Journal of the House of Representatives. 
He was cliarged with having added unto or falsified some part of the 
minutes of this Board. He declared himself to be innocent of the 
Fact, and therefore desired that the Governr. would be pleased to ac- 
quaint the Board with the particulars on which the said Charge was 
founded. 

Hereupon the Govr. said, that he was glad of this opportunity to 
lay before the Board a Pa|)er originally in Mr. Logans hand writing, 
which some Months after the Date he had very accidentally found to 
be conveyed amongst the rough Draughts of the Minules '>f Council, 
in order to i)e engross d by the Deputy Clerk, as a part of the Minute 
of April iGth. \7-2Z. 'I'hat the said Paper or intended minute had 
not only as yet never been seen at the Board, but also not one of the 
members then present and principally concerned therein had been at 
the time advised with upon or acquainted ther-;with. neither had Mr. 
Logan until I now ever attempted to support the Truth or Credit of 
the said paper at this Board, notwithstanding he had been called upon 
by a written Message from the Governour, October the 17th of that 
year, and more particularly by the Copy of a Paper sent to him by 
Colo. French, as the substance of what the Governour intended to 
enter as his Remarks on Mr. Logans said Paper, in case it should 
ever be approved of as a minute of this Board. 

The several Papers were read, and Mr. Logan in his Defence said, 
That he was at that time principal Secretary and Clerk of the Coun- 
cil, and then acted by his Deputy, George Barclay, who was also 
Clerk to the Governour. That at the request of the sd. Barclay, 
who frequently desired of him the hke assistance, he had drawn up 
the sd. Minute in the same manner and with the same care ho usu- 
ally did others, and within a day or two after, to the best of his me- 
mory, he delivered it to his said Deputy, and that he had never seen 
it from that lime till about six months after, when the Govr. sent it 
to him with an exception to it, that if it had not been read at the 
Board as it ought to have been. He conceived it was through a gene- 
ral neglect of the same kmd, especially that year in which scarce 
any former minutes had been there read ; But that he was very posi- 
tive every thing therein contained was said at the Board at that time, 
and appealed to the memories of four of the members now present 
who were aho at that Council, who agreed that the substance of 
what the said Paper contains was said that day at the Board, but did 
conceive, that had the Minute been then or soon after read and con- 
sidered, every member there would have readily agreed to any alte- 
ration in the expression that might under the Entry on the Minutes to 
general Satisfaction. 

The Governour seemed chiefly to insist upon the manner of ex- 
pression as indecent towards him, and consequently dishonourable 
for that Board to make use of, and then observing that the Minutes 
from that day had not been duly revised, was pleased to propose that 



258 MINUTES OF THE 

the Council would appoint a time to revise and settle them that they 
might be engrossed, and that they would now consider what should 
be ordered concerning the Minute in Debate. 

Then some Debates ensuing between the Governour and Mr. 
Logan, the lurther consideration was referred untill to morrow morn- 
ing at 10 o'clock, to which time the Council was adjourned. 



At a Council held at Philada., March 13th, 17-24-5. 

PRESENT : 

The Ilonble Sir WILLIAM KEITH, Bart., Governour. 

Richard Hill, Isaac Norris, ") 

Saml. Preston, Robert Asslieton, lEsq'rs. 

Wm. Fishbourn, J 

The Minutes of the preceeding Council were read, but the Gover- 
nour observing that Mr..Logan was not then present, proposed to delay 
the approbation thereof till the next meeting of Council. 

The membei s to whose consideration was leferred the Bill for re- 
gulating the Practice upon Writs of Summons & Arrests Reported 
that they had examined the same, and the Board proposed some 
amendments thereto. 

The same members to whom it was recommended to view the 
place proposed in a Bill for building a Powder House, Reported 
that they found the Inhabitants at the end of the City very uneasy 
about it, and there being two Petitions against the Bill read at the 
Board, and some other inconveniencies observed, The Govr. propo- 
sed to Return it with the Petitions to the House for their further con- 
sideration. Then was read & considered, paragraph by paragraph, 
a Bill for raising of County Rates & Levies, and several amend- 
ments proposed thereto. 

Martha Hunt, (some years ago condemned to Imprisonment for 
Life and now a Prisoner in Philada. Goal) having obtained a Re- 
commendation from the Chiet Justice and several of the magistrates 
of Philada as an object of the Govrs. Mercy, the same was read, 
and the Board being cf the same opinion, viz: That the said Martha 
Hunt is a proper object of Mercy. 

Ordered, That the Clerk make out a proper Pardon for the Gover- 
nour to sign in favor of the said Prisoner, &c. 

A Bill for regulating & establishing ffees in this Province was re- 
ferred to the perusal of Mr. Hill and Mr. Fishbourn, and to Report 
their opinions thereof to the next Council. Then the Council was 
adjourned till Munday the 15th instant, at 10 o'clock. 



PROVINCIAL COUNCIL. 259 

At a Council held at Philada., March 15th, 1721-5. 

PUESKNT : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 

Richard Hill, James Logan, ^ 

Isaac Norris, Saml. Preston, ^ EsqVs. 

Antho. Palmer, Robt. Assheton, } 
Wm. Fishbourn, 

The Consideration of the Minute of 1 fith April, ^72^2, being 
reassumed, It is the opinion of the Board, That a tho' it did appear 
unto them that Mr. Logan had not any intention in his [)raught of 
that da\s minute, to add unto or talsify any part of the genuine 
Sense o('*lie Board at that time; Yet as the Governour has expressed 
a dissatisfaction with all the latter part of the said Minute as reflect- 
ing upon him in language arising (as 'tis supposed; Ironi the warmths 
of the Debate, but is of no real service to be put upon the Record. 

Therefore, that all that part of the sd. minute from the words 
[justify him in it] may be left unreeorded, excepting the following 
words for a Close of tlaie Minute, viz: [however as the matter seemed 
to them to relate to an affair of Pioperty, they conceived it lay not 
properly before the Board to take any Cognizance of the matter,]] 
and that all the part preceeding t'le said Sentence shall stand as in 
Mr. Logans Copy ; Unto which unanimous opinion of the members 
present the Governour assented, and the Clerk wa- ordered to En- 
gross the same upon the Records of Council accordingly. 

Then was read the Bill for regulating & establishing ffees, &c., and 
the Council being unanimously aijainst the Bill as it is now otiered. 
The Governour proposed to send the following Kscript by way of 
amendment to the House of Representatives, viz: "It does not appear 
"to the Governour that there has been any complaint made against 
"any of the Officers for having taken exorbitant tt'ees; and therefore 
"since the Govr. at the Request of the House of Repiesentaiives, 
" even contrarv to his own Sentiments at the time, did about two years 
"ago Pass a Bill of the same kind, wherebv the ffees of the several 
" Offices seemed to be reduced to the very lowest propoition. he cannot 
" think it will be decent to trouble the Crown with another Act of the 
" same nature untill we first know the fate of the last. Besides, this 
" Bill containing many things which are inconsistent with the Laws & 
" Constitution of Great Brittain, The Governor cannot Pass it in the 
" Terms it is now conceived, and therefore proposes that it may h^ 
" delayed until the next meeting of the Assembly." 

Which being approved, the same was sent accordingly 



Esq'rs. 



260 MINUTES OF THE 

At a Council held at Philada., March I8ih, 1724-5. 

PRESKNT : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 
Isaac Norris, Antho. Palmer, ' 

Robert Assheton, Wni. Fishbourn, ' 

The Minutes of some prereeding Councils were read, but their ap- 
probation deferr'dtill a fuller Board. 

The amendments proposed by ihe Governour in Council to several 
Bills from the Mouse of Representatives being returned, together with 
the Houstis Resiilutions thereupon, thn same were read, and some fur- 
ther amendments proposed to the Bill for raising County Rates «Xt 
Levies, to be sent together with the Bills to the House of Represen- 
tatives. 

Came in Richard Hill, Esqr. 

The amendmenis being [)r. posed and read at the Board, the Go* 
Ternour sent them to the House accordingly. 



I Esq'rs. 



At a Council held at Philada., May 7th, 1725. 

PRKSEXT : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 
Richard Hill, Samuel Preston, 

Antho. Palmer, Robert Assheton, 

Wm. Fish bourn, 

The Minutes of Council of March 12, 13, 15 & 18th last past 
were read & approved, & ordered to be engrossed. 

Came in Isaac Norris, Esqr. 

Then a Representation of the Commissioners of the County of 
Philada., relating to Frankford Bridge and the high Road passing that 
way, was re;id & Considered 

It is recommended to Richard Hill & l-aac Norris, members of 
the Board, to enquire whether the present high Road through Frank- 
ford to Burlington be a confirmed Road; r.nd if it be found not to 
be so. Ordered, That Anthony Palmer & Francis Rawle, Esqrs., Job 
Goodson, Thomas (,'balkley, Edward Brooke & Benja. Fairman, do 
view the said Road as far as the Division between the Counties of 
Philada &, Bucks, and make Return thereof, with such altprationsas 
they shall find to be of least damii^e to the neighborhood and great- 
est advantage in general, unto this Board as soon as conveniently 
they can. 

Then was read a List of Persons names proposed by the Gover- 
nour to be commissionated Justices of the Peace, He finding it proper 
to issue new Commissinns because of the Dea'h & absence of sundry 
Gentlemen in the last Commissions, to which List some additions 
were proposed & agreed to. 



PROVINCIAL COUNCIL. 261 

Ezekiel Harlin having made applicaiion for five Pounds to be paid 
him, as a Reward for his Service as an Interpreter of the Indian 
Tongues some time ago at Indian Councils, the s;iid Demand by the 
Board is allowed to he just, and it is recommended to the Treasurer 
to obtain the Assembly's order for its being paid out of the Provincial 
Treasury. 



At a Council held at Philada., Febry. 24th, 1725-6. 

PRESENT : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 
Samuel Preston, Robert Assheton, 



Esq'rs. 



William Fishbourn, 

The Governour observed to the members present, that as there 
was great difficulty in getting a sufficient number together to assist 
in Council, some members not attending, some living at great dis- 
tance whose assistance could seldom be had, and others being dead 
■whose places were not yet supplied, it was absolutely necessary to 
call some new members to the Council Board, and nominated Doctr. 
Thomas Graeme for one, of whom the members present unanimously 
approved. The Governour then desired Mr. Preston & Mr. Fish- 
bourn to name some person amongst their Friends fit to be called, and 
Evan Owen, Esfjr. was named and approved. 

Ordered, That the Clerk wait upon the said Doctr. Thoma? 
Graeme & Evan Owen, Esqrs., and signify to them the Governours 
Call of them to the Council Board, and desire their attendance to 
morrow at 3 o'clock, in order to their Qualification &; Admission. 

The Governour then said, that altho' there was not the usual 
Number present which makes a Quorum, yet seeing it was what he 
could not help, there was a necessity of proceeding to Business with 
those that did attend, & accordingly, A Bill from the House of Repre- 
sentatives entituled An act for the better regulating the Retailers of 
Liquors near the Iron Works & l^lsewhere, was read & considered. 

Then a Bill entituled. An act for laying a Duty upon Negroes im- 
ported into this Province, was read <fe considered. 

Then another Bill entituled. An act for the better regulating of 
Negroes in this Province was considered, & with the other two Bills 
referr'd to the further consideration of the members present, or any 
two of them, and to Report their opinions concerning the same at the 
next meeting of Council. 

Then was read a Petition of a number of the merchants of Philada. 
against laying of any Duty on Rum under prooff imported into this 
Province, which is referr'd to further consideration when the Bill to 
Tvhich it relates comes up. 



Esq'rs. 



262 MINUTES OF THE 

At a Council held at Philada., ffebry, 25th, 1725-6. 
preshnt: 
The Honble Sir WILLIAM KEITH, Bart., Governour. 
Samuel Preston, Robert Assheton, 

Wm. Fishbourn, 

The minutes of yesterday were read & approved, and the Clerk, 
accoidin^ to the order of yesterday, having waited upon Thomas 
Graeme & Evan Owen, Esqrs., and made known the Governours 
Call of them to the Board, the former attending, and having taken 
and subscribed the usual Qualifications, took his place at the Board 
accordingly. 

The Governr. acquainted the Board that Mr. Owen had been with 
him desiring to be excused from Qualifying as a Councellor for some 
days, he being then upon the Assembly, to which the Governuur had 
acquiesced. 

Then again were read & considered the Bills for the better regu- 
lating of Negroes, and for the better regulating the Retailers of 
Liqu'-rs near the Iron Works, &c., and divers amendments proposed 
and agreed to by the Board, which are ordered to be transcribed fair 
by the Clerk to be returned with the Bills to the House of Represen- 
tatives to morrow morning. 

The Bill for laying a Duty on Negroes imported, &c., and another 
Bill for the better enabling Arent Hassert, Ulrick Hageman, and 
others therein named, to Trnde & hold Lands, &c. in this Province, 
were read & considered, and with some small amendments returned 
to the House. As was likewise, a Bill entituled An act for re- 
emitting and continuing the Currency of such Bills of Credit of this 
Province, as by former Acts are directed to be sunk & destroyed, 
and for the striking <fe making current 10,000 Pounds in new Bills 
to supply those that are torn and defaced. 



Esq'rs. 



At a Council held at Philada., fTeb. 26th, 1725-6. 

PRESENT : 

The Honble Sir WILLIAM KEITH, Bart., Governour. 
Samuel Preston, Robert Assheton, 5 

Wm. Fishbourn, Thomas Grseme, 5 

The Minutes of the proceeding Council were read «fe approved, 
Then was read a Bill from the House of Representatives, entituled 
An act to encourage the distilling of Spirits from Melassoes, Corn & 
ffruit, in this Province, which being duly considered, it is the unani- 
mous opinion of the Board that this Bill, if passed into a Law, would 
in no wise prove beneficial to the Country, wherefore the members 
requested the Governour to make a general objection to the Bill, 
which he did accordingly, as follows : 



PROVINCIAL COUNCIL. 26S 

The Governour & Council having deliberately considered this 
Bill, as also the Petitions of the most considerable Inhabitants & Tra- 
ders of this City against it. 

They are unanimously of opinion that some Clauses therein would 
very much aggrieve and burthen the fair Trader, and would only 
serve to enrich a very few particulars at the public Expence. They 
conceive that the Bounty of one penny pr. Gallon on Melasses, and 
the 4th rebate of Excise to Retailers, with the additional Charge of 
Officers flees would wholly eat up & destroy the Revenue of Excise 
which the Governour & Council esteems to be a necessary Revenue, 
in order to sink such sums as are annually applied to the support of 
Government and other incident Expences. 

Moreover, they are apprehensive that such a Bill would probably 
Encourage or give a Handle to the adulteration, not only of our own 
Spirits but even of Rum imported from the West indies, to the great 
prejudice of the Health of the Inhabitants as well as the usual course 
of the Trade of this Province. 

Wherefore, the Governour & Council do altogether disapprove of 
this Bill, but at the same time they are of opinion, that so soon as the 
art of Distilling in this Province shall be brought to that perfection 
as to manufacture bona fide, a net wholesome Spirit to pass the strict 
examination of a proper officer, before it is exported or exposed to 
Sale, such an improvement will justly deserve the encouragement of 
a reasonable Bounty out of the public Treasury. 



At a Council held at Philada., March 4th, 173.3-6. 

PRESENT ; 

The Honble Sir WILLIAM KEITH, Bart., Governour. 

Samuel Preston, Robert Assheton, 7 „ , 

Willm. Fishbourn, Thomas Gramme, 3 

The minutes of the proceeding Council being read & approved, The 
Governour acquainted the Board, that to save time & the trouble of 
a Conference with the Assembly, upon an Amendment proposed to 
the Bill for Re-emitting & continuing the Currency, &c., he had sent 
the Reasons in Writing observed before at the Council Board to 
support the amendment of the aforesd. Bill, which were approved & 
are as follows, viz: 

The Kings being invested with a power to mitigate the just seve- 
rity of the Law in Cases where the party appears to be a true object 
of Mercy, is one of the most valuable Benefits or priviledges of the 
Subject, and is by the Common Law of England an essential part of 
the Constitution. 

The King, in the Royal Charter to the Proprietor of this Province 
as well as in all the others of the like nature extant, does expressly 

28 



264 MINUTES OF THE 

restrain the Legislature of the Colony thereby erected & constituted, 
from presuming to Enact any tiling into a Law which evidently 
appears to be derogatory to his Royal Prerogative or inconsistent 
with the Common & Statute Laws of England. 

Wherefore, if such a Clause as is proposed in this Bill be ever 
passed into a Law of this Province, it would not only subject the Go- 
vernour to a forfeiture of his Bonds for the due observance of his 
Majesties Royal Instructions; but also, it would unquestionably give 
just Grounds for his Maties Attorney General to bring a Quo War- 
ranto against tbe Proprietors Charter, whereby tlie Proprietors and 
the Peoples Rights therein contained would be ibrfeited, and the pre- 
sent Constitution of this Colony dissolved. And these are the Rea- 
sons wby the Governour, by the ur animous advice of the Council, 
peremptorily refuses on any Terms whatsoever to admit of the said 
Clause. 



At a Council held at Philada., March 5th, 1725-6. 

present: 

The Honble Sir WILLIAM KEITH, Bart., Governour. 

Samuel Preston, Robert Assheton, ^ 

Wm. Fishbourn. Thomas Grseme, ^ 

The Govr. acquainted the Board, that the House of Representa- 
tives having considered the objections & Petitions agst. the Bill for 
encouraging the distilling of Spirits, &c., did not insist upon having 
it passed as it now stands ; Yet, notwithstanding had sent it up, re- 
questing that a proper Bill might be prepared for that purpose. They 
conceiving tbat it would tend to the Benefit of the Country; Where- 
upon, the Govr. referr'd it to the members present to consider of the 
proper Substance whereof to fform such a Bill, against the next meet- 
ing of the Assembly, 

Then the House being sent for, attended with their Speaker and 
the Governour, Passed into Laws tke following Bills, viz: 

An act for Re-emitting and continuing the Currency, &;c. 

An act for laying a Duty upon Negroes imported, &c. 

An act for the better regulating Negroes, &c. 

An act for the better enabling Berhard Van Leer, &c., to Trade- 
& hold Lands in this Province, and 

An act for the better regulating Retailers of Liquors near the Iron 
works & elsewhere. 

And the House being withdrawn, the Council was adjourned. 



Esqrs. 



PROVINCIAL COUNCIL. 265 

At a Council held at Philadelphia, June 2.2, 1726. 

PKESENT : 

fhe Honble Sir WILLIAM KEITH, Bart., Governour. 

Richard Hill, Isaac Norris, ^ 

Anthony Palmer, Robert Asshetnn, ^^p, , 

Henry brookc, William Fishbourn, j ^^ 

Thomas Grceme, Evan Owen, J 

The Council being met, upon the arrival of Major Patrick Gordon 
with a Commission from Springett Penn, Esqr., with the Assent of 
Mrs. Hannah Penn, and His Majesties Royal Approbation thereof^ to 
be Lieutenant & Deputy Governour of the Province of Pensilvania 
and lower Counties of New Castle, Kent & Sussex upon Delaware, 
as in the said Approbation Expressed. The Governour, Sir Wil- 
liam Keith, ordered two members of this Board to introduce the said 
Major Patrick Gordon, in order that the sd. Commission and Appro- 
bation might be read, which was done accordingly; And Sr. William 
Keith being well satisfied with the Authority of the sd. Commission 
declared he had no objection thereuntt), and immediately ordered the 
Keeper of the Great Seal to Affix the same unto the said Commis- 
sion, in order to its Publication, in pursuance of a Warrant from the 
Honble Springett Penn, Esqr. for that purpose. The Commissioa 
being returned Sealed, the same was forthwith published at the Court 
House, and the Council Adjourned. 



} 



At a Council held at Philadelphia, June 22d, ITSG. \ 

P.KESR.NT : 

The Honble PATRICK GORDOxN, Esqr., Governour,, 

Richard Hill, Isaac Norris, 

James Logan, Anthony Palmer, |-Esq'rs. 

Robert Assheton, Henry Brooke. 

His Flonour the Governour before entring upon any publick Bu- 
siness, in presence of the above members, took the several Oaths & 
Qualifications by Law required, viz: The Oaths of Allegiance & Fide- 
lity to his Majesty King George, and of Abjuration of the Pretender ; 
likewise, the Oath directed to be taken by the Act of Parliament of 
the 7th & 8th of King William the :^d, for the due observation of the 
Laws relating to the Plantation Trade ; as also, an Oath lor the 
faithfuU Discharge of his Office. After which, the Governour was 
pleased to make a Speech to the Board, wherein he amply expressed 
his Duty to his Majesty & the Honble Proprietors Family, his Re- 
gard & Esteem for the members present, & generally his benevolent 
Inclinations and kind Purposes towards this Colony and all the 
People under his Government. 



266 MINUTES OF THE 

He then proposed the Issuing of a Proclamation for continuing all 
the present Officers of the Government in the ^^xercise of their re- 
spective Offices and Duties, unlill further Consideration should be 
thereof had, in order to prevent any ffailure of Justice, which was 
approved, &; accordingly. 

Ordered, that the Clerk do prepare a proper Proclamation for that 
Purpose, to be laid before the Board to morrow morning at nine 
o'clock, to which time the Council adjourned. 



JEsq'r 



At a Council held at Philadelphia, June 24th, 1726. 

I'UESENT : 

The Hoiible PATRICK GORDON, Esqr., Governour. 
Richard Hill, James Logan, 

Samuel Preston, Robert Assheton. 

William Fishbourn, 

The Minutes of the preceeding Council being read & approved. 

The Clerk, according to order, laid before the Board a Draught of 
a Proclamation to be issued by the Governour, for continuing all the 
officers of the Government in the Exercise of their respective offices 
«fe Duties, till further Consideration should be thereof had, VA'hich 
being read & approved the Governour Signed the same, and ordered 
it to be Sealed and Published forthwith. 

Ordered also, that Copies of the sd. Proclamation be sent, as soon 
as conveniently they may, to the Sheriffs of the Counties of Chester 
&. Bucks, to be by them published in their respective Counties. 

The Governour then informed the Board, that he had an express 
Instruction from the Honble Proprietors Family to restore the Lesser 
Seal into the Custody of Mr. Logan, as Secretary of the Government, 
of whose Fidelity & Zeal for their Service they were well assured, 
and thereupon delivered the same into Mr. Logans hands. But Mr. 
Logan, after informing the Governour how that upon some Dissen- 
tion between Sr. William Keith and he, the Seal had been taken and 
kept out of his Possession, Declared that he now received it no other- 
wise than as he should have occasion to use it in the regular trans- 
action of the Proprietary affairs, and thereupon redelivered to the 
Governour. 



At a Council held at New Castle, June 28th, 1726. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Governour. 
Richard Hill, James Logan, 

Isaac N orris, Robert Assheton, 

John French, William Fishbourn. 

Memorandum : That His Honr. the Governour, attended by the 
above Members of Council and a considerable number of Gentlemen 



t Esq'i 



PROVINCIAL COUNCIL. 267 

from Philadelphia, being met also upon the Verge of New Castle 
County by the Magistrates & other public Officers thereof, and divers 
Gentlemen, Freeholders &z. Inhabitants of that neighbourhood, yes- 
terday in the Evening entered New Castle, and being attended as 
aforesaid rode directly up to the Courthouse, where his Commissioa 
to Lieutenant Governour of the Piovince of Pensilvania, & Counties 
of New Castle, Kent & Sussex upon Delaware, &l his Majesties royal 
Approbation thereof were published. 

The Minutes of the preceeding Council being read & approved. 
The Governour acquainted the Board that some ElForts had been made 
in England, & still were making to alter the Property of the Coun- 
ties on Delaware, by My Lord Oaltemore on the one hand claiming 
by virtue of his Maryland Patent, &. My Lord Sutherland on the 
other endeavouring to obtain from his Majesty a Grant of the said 
Counties, which being a matter that so nearly Concerns not only the 
Interest of the Honble Proprietor Penns Family, but also That of all 
the Freeholders & Inhabitants of the sd. Counties, he held it proper 
with all convenient speed to Call the Assembly thereof in order to 
acquaint them with those Measures, upon which he craved the Ad- 
vice of the Board, And it being considered that it is now the Season 
of Harvest, and will so continue for 2 or 3 Weeks, The Board is of 
opinion that the 20t!i of July will be a proper time for calling the 
Assembly, & accordingly, 

Resolved, that the Governour will Issue his Writs, directed to the 
Sheriff's of the several Counties, Commanding them to Summon the 
Members of their respective Counties to meet him in Assembly, at 
New Castle, the 20th day of July next. 

Colo. French then informed the Board, that the day before the Gover- 
nours arrival, a Commission of C)yer & Terminer for the Tryal of 
f'apital offences in these Counties had been issued by Sr. ^Villiam 
Keith, on the Petition of a person for a speedy Tryal who was said to 
have killed his Servant, but that the Justices in the said Commission 
Assigned had not hitherto been Qualified to act by virtue thereof; 
However, that another Commission of the same Tenor, unto which 
the said Justices had been Qualified, was still extant in the County of 
Sussex; It was thereupon considered by the Board, that the said last 
mentioned Commission would remain in force by virtue of the Pro- 
clamation now to be published, and that the same might continue till 
further Consideration should be therefore had, and 

Ordered, that Copies of the Proclamation, already published in the 
several Counties of the Province, be also published in each of the 
Counties of New Castle, Kent & Sussex. 

Colo. French then produced the Great Seal of the Governmt. of 
the Counties, acquainting the Governour that the same was establish- 
ed by a Law of the Country, and had been delivered to him as Keeper 
thereof by Sir William Keith, without any Commission, and deliver- 
ed it to the Governour, who having inspected the foresaid Law, 
restored it to the Keeping of Colo. French, till further Order. 
And then the Council adjourned. 

VOL. HI. 



lEsq'r 



268 MINUTES OF THE 

At a Council held at New Castle, July 25th, 1726. 
present: 
The Honble PATRICK GORDON, Esqr., Governour. 
Richard Hill, James Logan, 

Isaac Norris, Samuel I'reston, 

John French, Henry Brooke. 

The Minutes of the preceeding Council being read & approved. 
The Governour informed the Board, that David French of N Cas- 
tle, had been warmly recommended to him by many people, &. es- 
pecially by some Gentlemen of the Assembly, as a fit person to be 
appointed Attorney General of the Counties of New Castle, Kent & 
Sussex, wherefore he intended to Commissionate him for that office if 
the Council had no objection thereunto, and no objection was made. 
Then was taken into Consideration the State of the Magistracy in 
the sd. Counties, and after mature Defiberation, 

Resolved, that a new Commission be issued to the former Judges 
of the Supream Court, for hearing of Appeals, &c., viz: to Colo. 
John French & Samuel Lowman, Esqr., of N. Castle County, Ro- 
bert Gordon & Benjamin Shurmer, Esqrs., of Kent, Henry Brooke 
& Jonathan Baily, Esqrs., of Sussex, and that they be also thereby 
appointed Commissioners of Oyer & Terminer &. General Gaol Deli- 
very in the sd. Counties, with Power to Nominate their own Clerk 
in all Tryals of Criminals, and that the sd. Commission do issue with 
all conve- nient speed. 

Resolved also, that new Commissions of the Peace be issued for 
the several Counties, and that Colo. John French, Robert Gordon, 
Joseph England, Charles Springer, John Richardson, James James, 
William Battell, David Evans, Andrew Peterson, Ebenezer Empson, 
Hans Hanson, James Dyre, Samuel Kirk, Richard Grafton & Simon 
Hadley, be Commissionated Justices for New Castle County. 

And that Robert Gordon, Benjamin Shurmer, Richard Richardson, 
Charles Hillisrd, Thomas French, Mark Manlove, Timothy Hanson, 
<John Hall, James Worrell, Joseph Booth, junr., John Brincklow, 
Thomas Berry, George Nowcll, John Houseman, John Tilton, Wil- 
liam Manlove & Hugh Durborrovv, be Commissionated Justices for 
Kent County. 

And that Henry Brooke, William Till, Philip Russell, Samuel 
Rowland, Woolsey Burton, Simon Kollock, John May, Jeremiah 
Claypoole, Jacob Kollock, Thomas Davis, John Jacobs, Samuel Da- 
vis & Joseph Cord, be Commissionated Justices for the County of 
Sussex. 

The Board being informed that there are some Negroes Prisoners 
now in the County Goal of Sussex, committed thither for certain 
Crimes. Resolved, that a Commission for the Tryal of Negroes, ac- 
cordinor to a Law of these Counties be issued, and that the same be 
Directed to William Till & Philip Russell, of & for the sd. County 
of Sussex. 

And then the Council adjourned. 



w. 



PROVINCIAL COUNCIL. 269 

At a Council held at Philadelphia, August 2d, 1726. 

PKESKNT : 

The Honble PATPvlCK GORDON, Esqr., Governour. 
Richard Hill, James Logan, 

Samuel Preston, Anthony Palmer, 

Robert Assheton, Henry Brooke. 

The minutes of the preceeding Council being read & approved ; 
also was read a Draught of a Commission to be issued for constitu- 
ting the Supream Court in the Lower Counties, pursuant to a reso- 
lution of the Board, at New Castle the 25th of July last, which was 
also approved. 

Then the Governour laid before the Board a Speech in Writing 
which he intended to make to the House of Representatives, desiring 
the opinion of the Council thereupon. 

The Speech was unanimously approved of by the Board, and the 
House of Representatives being sent for attended with their Speaker, 
to whom the Governour spoke as follows, viz : 
" Mr. Speaker & Gentlemen of the Assembly : 

" After my Arrival here with my Family, I earnestly wished for 
" the Opportunity your own Adjournment has now given me of see- 
" ing & speaking to the Representatives of the good People of this 
" Province, whose general character for Sobriety & Industry, above 
" many other of his Majesties Subjects, added much to the pleasure 
" I received from our Honble Proprietors Nomination of me to serve 
" them and you in this Station. 

" And I question not. Gentlemen, but all those who have a due 
" sense of Gratitude for the Merits of the worthy Founder of this 
" Colony under the Crown, will be very well pleased to find, by n::y 
" Accession, that no Disputes amongst his Descendants could dis- 
" able them from pursuing the common Measures, according to their 
" undoubted Righl, in substiuting their Deputy for the Aministration 
" of this Government, nor prove any Obstruction to the Kings Gra- 
" cious Approbation of their Appointment. 

" His Majesties Concurrence is what all men might rationally 
" expect from a Sovereign, whose innate Goodness, impartial Justice, 
" & unwear ed Vigilance, not only for the Security & Liberties of 
" his Subjects, but for the general Benefit & Freedom of Mankind, 
" have made him the object o( the Love or Terror of the Nations 
" round him & the Proprietors Family. 1 assure you. Gentlemen, 
" express so sincere a Zeal &, so tender a Concern for your Happi- 
" ness,that principally on this Foundation I hope to recommend myself 
'• to their Regard; For their Interest & yours they esteem inseparable, 
" & consider those as Friends to neither who would attempt to Divide 
" them. 

" From hence it is that I, in a great measure, account to myself for 
" their Choice of me before divers others who solliciled their Favour, 



270 MINUTES OF THE 

" For Knowing that I had been bred to the Camp, remote from the 
" refined Poliiicks which often serve to perplex mankind, And that 
" an honest Plainness, free from Art or Disguise, made up the main 
" of my Character, amongst my Friends & Acquaintances, the 
" Honble the Proprietors rightly Judged, that such a Person could 
*' form no views, but what would be openly avowed, and therefore be 
" understood by every Man they could afiect. 

" This notwithstanding might lay me under some Discourage- 
" ment, lest on nicer Occurrences, I might fail in the Discharge of 
" so important a Trust, but I have even been perswaded; that to do 
" Right is not so difficult a Task, as some would render it. In Emer- 
" gencies of Weight & Mjmont, I shall endeavour to Fortify myself 
" with the Advice of the Representatives of the People, when it may 
" be had, and at all Times, with the Judgment of such only as I can 
" be assured have the true Interest of the Publick, so seriously at 
" heart, that nothing private can interfere with it. 

" To discountenance Parties, Divisions, & Factions in Govern- 
" ment, to maintain Right & Justice, to promote Vertue, to suppress 
" Vice, Immorality, & Prophaness, to assist & protect the Magis- 
" trates in Discharge of their Duty herein, to Encourage Legal 
" Trade, & to use the Indians well, as they are plain, so they are 
" the principal matters I have in Charge, in all which I shall depend 
" on the Concurrence of the Assemblys of this Province where any 
" further Provision by Laws to be Enacted for any of the said Pur- 
" poses may be necessary, and on my part, nothing in n)y Power 
<■ shall be wanting to Enforce their Execution. 

" To transmit our Laws duely to his Majesties Privy Council, 
" pursuant to an Injunction in the Royal Charter, and to have a 
" proper Ageni appointed, is another Article, Gentlemen, I am to 
" Recommend, & you will easily perceive this to be of such Impor- 
" tance, that I promise myself, it cannot fail of your serious thoughts 
" &. Consideration. 

" These Heads, Gentlemen, I judged necessary to mention toge- 
" ther at this our first meeting, which may now, or hereafter, at the 
" most proper Seasons be duely Considered, To which 1 shall only 
" add, that to secure the Peace, & advance the Prosperity of the 
" People of this Province, and to concur with their Representatives 
" in such measures as may best obtain those Ends being Equally my 
" Duty & Inclination, for what relates more immediately to my Self, 
" I shall so far depend on their Goodness & Justice, as to hope I sha'l 
" neverhave occasion to put them otherways in mind of it, but that we 
" may on both sides rest secure of an honourable discharge of what 
" is incumbent upon us, reciprocally to each other. 



PROVINCIAL COUNCIL. 271 



I Esq'rs. 



At a Council held at Philadelphia, 25th August, 1726. 

PRESKNT : 

The Honourable PATRICK GORDON, Esqr., Lieut. Governour. 
Richard Hill, James Logan, 

Isaac Norris, Samuel Preston, 

Robert Assheton, Henry Brooke, 

William Fishbourn, 

The Minutes ofthe preceeding Council being read The Governour 
proposed the taking into Consideration the issuing new Commissions 
ofthe Peace in this Province, Whereupon some members observed, 
that the Commissions which heretofore used to lun in the Proprietors 
Stile had for some years past been disused, & lieu thereof the Kings 
Stile introduced, and proposed, that that Mark of the Proprietors 
Power & Authority should be again restored in issuing of these Com- 
missions ; To this most of the members spoke in their Turn, and 
agreed, that as this is a Proprietary Government, in which the Go- 
vernour himself derives his Commission and Authority from the Pro- 
prietor, Sl is only approved by the King, it were proper, that all other 
Commissions in the Government should issue in the Proprietors Stile, 
But it being considered that the Disputes m the Proprietary Family 
are not as yet fully settled ; The Board is^ of opinion, that it will be 
more convenient for the present that the Commissions be issued of 
late, in the Kings .Stile, tested by the Governour, and that in the Teste 
the Proprietors Power & Authority shall be sufficiently expressed & 
acknowledged. 

The Gnvernour advising with the Board about filling up the Com- 
mission of the Peace for the County of Chester, the t'ollowing Persons 
were agreed on, vizt : John Wright, Richard Hayes, Henry Pearce, 
Nathaniel Newlin, John Wood, Henry Hayes, Isaac Taylor, Elisha 
Gatchel, Samuel Nutt, John Crosby, Abraham Emmctt junr., Tho- 
mas Reid, Georoe Assheton, Tobias Hendricks, Andrew Cornish, 
Mercer Brown, Evan Lewis & Wm. Pyle. 

Resolved also, that the following be commissionated Justices for ths 
County of Philadelphia, vizt: 

Isaac Norris, James Logan, Anthony Palmer, Samuel Preston, 
William Fishbourn, Edward Farmer, Clement Plumstead, John Swift, 
Charles Read, Robert Fletcher, Thomas Laurence, Evan Owen, 
Edward Roberts, Thomas Fenton, Richard Harrison, Joseph Asshe- 
ton, Derick Jansen, & Owen Evan of North Wales. 



At a Council held at Philadelphia, 15th Septemr., 1726. 

PRESENT : 

The Honourable PATRICK GORDON, Esqr., Lieut. Govr. 
Richard Hill, Robert Assheton, "| 

James Logan, Henry Brooke, i-Esq'rs. 

Samuel Preston, William Fishbourn. J 

The minutes ofthe last preceeding Council were read & approved* 



272 MINUTES OF THE 

The Governour proposed it to be considered by the Board, before 
they entred on any other Business, whether it might not be advise- 
able in divers Respects to appoint some other Person to officiate as 
Clerk of the Council, for aliho' the present Clerlv appeared fully ca- 
pable of discharging that Trust, Yet as he is known to lie under deep 
Engagements to that Party, who are at this time manifestly endea- 
vouring to disturb the Repose of the Publick, It may not be expedient 
to admit him as a Witness to all the Consultations that may neces- 
sarily be entred on here ; And thereupon the Governour proposed 
Robert Charles, a young Gentleman he had brought over with him 
as his private Secretary, in whose Fidelity, he assured the Board, 
they might fully confide, to supply the Place of the other, if the 
Council should think fitt to approve of him. The Board readily 
agreed, that a Change might be expedient, But as it highly concerned 
all the Members, that the Minutes of their Consultations should be 
faithfully taken & kept. The Governour was requested that they 
should be under the Direction 6i Keeping of James Logan, & He was 
desired to inspect & assist in the Draught of them, and thereupon the 
said Robert Charles was admitted. 

The Governour then acquainted the Board, that the occasion of 
his calling them at this time, was, that the Commissions to the Pro- 
vincial Judges, which were necessary to be renewed, against the ap- 
proaching Court, should be considered and whether there ought to 
he any Alterations made in the Persons who were to be constituted. 
Those Persons being David Lloyd, Richard H ill & Robert Assheton 
Esquires, II was thought proper at this time, that the firs;, vizt : the 
Chief Justice should Le continued, as well as the second; But Robert 
Assheton finding that some objections had been made against his 
sitting in the Supream Court, while he was Recorder of the City of 
Philadelphia, desired that he might decline this Commission, But as 
this might be construed by the People, who had on some late occa- 
sions expressed too little Regard to his Station, to be a Diminution 
of his Honour & Reputation, that Point ought carefully to be guarded 
by this Board, for that as the said Robert Assheton had been invited 
over into this Countrey by the Proprietor himself, as his near Rela- 
tion, above twerty seven years since, to take upon him some advan- 
tageous Posts in Clerkship, for which by his Education he was very 
well qualified, and that he had with great abilities for about twenty 
six years filled the Office of Clerk &. Prothonotary of the City <fe 
County of Philadelphia, there should be all due Regard shew'd to him 
by this Board, and his Reputation be supported & defended in the 
legal Discharge of his Trust & Duty, in which he was desired to use 
all due Circumspection, that no envious or other Person might have 
any just advantage against his Character, or against the Adminis- 
tration on his account in any Respect whatever. 

And it was then inquired, what Powers the said Robert Assheton 
was invested with, as Recorder of the (?ity of Philadelphia, And the 
City Charter being produced & cousidered, It was the unanimous 



PROVINCIAL COUNCIL. 273 

opinion of the Board, that his Ofiice of Recorder fully invested hinn 
with all the Powers of a Justice of the County & City of Philadel- 
phia, to all Intents & Purposes wluitsoever, and that by Vertue of 
his said Office he might legally discharge all the Powers & Duties of 
a Justice of the said County, as fully as if he were named in the Ge- 
neral Commission, only he was advised, that he should not sitt on 
the Bench judically with the other County Justices, because as he is 
Clerk of the Peace &. Prothonotary of the Court of Common Pleas, 
some umbrage might be taken at his acting in both these Stations. 

Upon M f . Assheton's declining the said Office of Provincial Judge, 
the Governour desired the Board to consider of a fitt Person to be 
appointed the third Judge in his Stead, And Jeremiah Langhorn Es- 
quire being named, the Board unanimously agreed, that he should 
accordingly be appointed & putt into that Commission. 



At a Council held at Philadelphia, 23d Septcmr., 1726. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governour. 

Caleb Pusey, Anthony Palmer, "^ 

James Logan, Robert Assheton, I p, , 

Richard Hill, Henry Brook, f^^^ ^^• 

Isaac Norris, Willm. Fishbourn. J 

The Minutes of the proceeding Council being read &; approved. 

It was observed that some Members of this Board had of late not 
taken their Places, nor been entred on the Minutes of Council accord- 
ing to their Seniorities, And it was therefore moved & agreed to, 
that the Minutes should be searched for a Rule therein, to be observed 
for the future. 

The Governour acquainted the Board, that one Alexander Mollis- 
ton of the County of Sussex had about seven or eight days since 
brought him a Petition, complaining of some Abuses he had received 
in that County — that the matter of it, in the Governours opinion, was 
fitt for the Cognisance of this Board, that most of the Members having 
been absent at Burlington this week, the man had stay'd till their 
Return, that now therefore he desired the Board to take it into Con- 
sideration. 

It was observed hereupon, that if the Complaint be for abuses re- 
ceived, the Complainant has his Remedy at Law, but can have none 
from this Board, and therefore it may not lie properly here, nor be 
fitt for this Board to take any Cognisance of it. 

But it was said the Complaint lay against a Magistrate who by 
Vertue of his Authority, as such, had injured the Complainant, that 
his Commission scfeen'd him from the Prosecution of the Complain- 
ant, and that the conduct of that Magistrate in his County in such as 



274 MINUTES OF THE 

requires the Notice of this Board, Whereupon the said MoUistons 
Petition was read setting forth sundry abuses the Petitioner had suf- 
fered from William Till, who as a Magistrate, & by his Influence on 
the Court of the County, had admitted divers arbitrary Acts, by means 
of which the Petitioner was utterly disabled from following his Em- 
ployment &, providing Bread for his Family, and theiefore prays the 
Governour to grant him a suitable Relief therein. 

After reading of which, one of the Members likewise informed the 
Board, that the same Justice William Till had some months agoe brake 
open & Kept up a Letter wrote & sent by James Steele of Philadel- 
phia to Robert Frankland, Surveyor of the County of Sussex, inclosing 
some Copies of an Address from a late Assembly of the lower Coun- 
ties to the Governour Sir William Keith, in the beginning of his 
Administration, which were thought proper to be distributed for the 
Proprietors Service, that the said William Till had most contume- 
liously treated the said James Steel on that occasion, tho' he had 
acted therein for the Proprietors Service only, & as his officer, and 
had not given either the said William Till, or any reasonable Per- 
son, any just occasion to be offended with his Proceedings in that 
Affair. 

Another Member likewise, that in a late Assembly of the three 
lower Counties, Mr. Till had used most indecent & disregardful Ex- 
pressions of the Proprietary Family. 

Upon due consideration of all which the Board was unanimously 
of opinion, that the said William Till had made an indiscreet use of 
the Powers with which he had been invested, and therefore that he 
should be superseded; And a new Commission of the Peace being to 
be issued for the said County, the following Persons are agreed on to 
be inserted in the sgme, vizt: Henry Brooke, Richard Hinman, Phi- 
lip Russel, John Koades, Woolsey Burton, Samuel Rowland, Jeremiah 
Claypoole, Jacob Kollock, John Jacobs, Samuel Davis, Joseph Cord, 
Robert Shankland, George Walton & Enoch Cumings. 



At a Council held at Philadelphia, 4th October, 1726. 
present: 
The honble PATRICK GORDON, Esqr., Lieut. Governour. 
Richard Hill, Robert Assheton, 1 

Isaac Norris, Henry Brooke, >Esq'rs. 

Samuel Preston, W^illiam Fishbourn. J 

Antho. Palmer, 

The Governour acquainted the Board, that he had observed fre- 
quent Riots and disorderly Practices liad been committed of late 
within this City, an Instance of which appeared in burning down in 
the open Market Place the Pillory and Stocks, on the Evening of the 



PROVINCIAL COUNCIL. 275 

first instant, & therefore proposed to issue a Proclamation for sup- 
pressing .such tumultuous Proceedings for the future, & to excite the 
Magistrates & other Officers of the City to a more strict Discharge 
of their Duty in preserving the PubUck Peace &; suppressing all such 
Disorders, To which the Board unanimously agreed, and It is ordered 
that the same be forthwith prepared. 

The Governour having received from the several Sherifs & Coro- 
ners of the respective Counties of this Province, Returns of the Elec- 
tions of Persons to be presented to him for his choice of a Sherif & 
Coroner respectively for each County, desired the Advice of the 
Board, in his nomination, which is as foUowes; 

For Philadelphia City & County, Owen Owen & Merick Davis, 
being returned for Sherifs, & James Boiden & Joshua Fincher for 
Coronei's, Owen Owen is appointed Sherif, & Joshua Fincher Co- 
roner. 

For Chester County, John Taylor & Philip Taylor being returned 
for Sherifs & John Mendenhall & John Dutton for Coroners, Jno. 
Taylor is appointed Sherif, and John Mendenhall, Coroner. 

For Bucks County, Thomas Biles & John Hart being returned for 
Sherifs, & Jonathan Woolston & Samuel Baker for Coroners, Thos. 
Biles is appointed Sherif, & .Tonathan Woolston Coroner. 

Accordingly Commissions are ordered to the said Persons for their 
respective Offices, the Sherifs giving Security in the Rolls OiHce as 
the Law directs. 

The Governour having likewise received the Returns of the She- 
rif & Coroner of the County of Newcastle, ot Persons to be pre- 
sented to him for his Choice of a Sherif & Coroner for that County, 
vizt: William Battell & John Gooding for Sherifs, & Joshua Story 
& Morgan Morgan for Coroners. The Governour, agreeable to the 
advice of the Board appointed John Gooding Sheriff Morgan Mor- 
gan Coroner. 

A Draught of a Proclamation for suppressing of Riots this day 
ordered being presented to the Board, It was approved and ordered tu 
be Engrossed, sealed & published. 

The Day following out of Council, 

Returns having been delivered to the Governour of the Elections 
of Persons to be presented to him for his Choice of a Sherif vSt Co- 
roner for the Counties of Kent & Sussex, vizt: 

For Kent County, William Rndeney & Thomas Skidmore being 
returned for Sherifs, & Edward Jennings & Thomas French Cov Co- 
roners, William Rodeney is appointed Sherif, & Edward Jennings 
Coroner. 

For Sussex County, Rives Holt & Peter Adams being returned 
lor Sherifs, &. Samuel Davis & Edmund Naws for Coroners, Rives 
Holt is appointed Sheriff Samuel Davis Coroner. 

And Commissions are ordered to issue to them accordingly. 



276 MINUTES OF THE 

At a Council held at Philadelphia, 15th October, 1726. 
rRESExr : 
The Honble PATRICK GORDON, Esqr., Lieut. Governour. 
James Logan, Anthony Palmer, 



I Esq'i 



Richard Hill, Robert Assheton, 

Samuel Preston, Henry Brooke, 

The Representatives of ihe Freemen of this Province elected the 
first instant, being mett in Assembly on the 14th, in pursuance of 
their Clmrter, &; the Law in that Case made & provided, & having 
sent a Message by two of their number to acquaint the Governour 
therewith, & to know when he would be pleased to receive the House, 
he had appointed them to attend him this morning in Council. 

And they presenting themselves accordingly, David Lloyd, Esquire, 
addressing himself to the Governour, acquainted him, that the House 
of Representatives had thought fitt to cbuse him to be their Speaker. 
But that, considering his own Inability for that office, he requested 
the Governour would order the House to proceed to another Choice; 
To which the Governour answered, that he looked upon him, as a 
Person qualified for discharging that oliice, and therefore he could 
not but approve of the Houses Choice of him to be their Speaker. 

Then the Speaker addressing himself to the Governour in the name 
of the House desired. That the Governour would protect them, he 
meant not (he said) on account of their Debts, but from the Insults 
of the rude People of this City, from whom he thought there was 
some Danger, and that their Tumults ought to be suppressed. 

That the Governour would grant the Members of Assembly free- 
access to his Presence, when sent to him by the House, and That he 
would be pleased to putt a favourable Construction on their Proceed- 
ings. 

The Governour answered that he had lately published a Proclama- 
tion for suppressing these Disorders, which he hoped would have a 
good Effect, and the Flouse might assure themselves of what he had 
further requested, & then the House withdrew. 

The Governour laid before the Board a Letter he had two days 
since received from the Secretary to the Lords Commissioners for 
Trade & Plantations, touching the several Acts made in this Province 
for establishing a Paper Currency, which was read & is as follows : 
For His Majesties especial Service To the Honble Patrick Gordon, 
Esqr., Deputy Governour of His Majesties Province of Pensilvania 
in America, or to the Commander in Chief of that Province for the 
time being. 

Pensilvania, ^ 

Whitehall, May 11th, 172G. 5 
SiK : I am commanded by my Lord Commissioners for Trade & 
Plantations to acquaint You, that they have lately had under their 



PROVINCIAL COUNCIL. 277 

Consideration four Acts passed in Piensilvania, for giving a Currency 
to Paper Money Entituled, 

An Act for emitting & making Current £15,000 in Bills of Credit, 
Passed 2d March, 1722-3. 

A Supplementary act to the act entituled An Act for emitting & 
making Current £15,000 in Bills of Credit, Passed 30th March, 
1723. 

An Act for the better & more efiectual putting in Execution an 
act of Assembly of this Province Entituled an act for emitting & ma- 
king Current £15,000 in Bills of Credit, Passed 11th May, 1723. 

And an Act for emitting &, making Current £30,000 in Bills of 
Credit, Passed the 12th of December, 1723. 

Tlv?ir Lordships have found by Experience, that Bills of Credit 
^ -'■ been of very ill Consequence in other Places where they have 
6een issued, particularly in Carohna, where not only the Province, 
but the Merchants have sustained great Losses thereby. 

For this Reason, if it were not out of Tenderness to those Persons 
into whose hands the Bills issued in Pensilvania may have passed, 
their Lordships would lay the aforementioned Acts before His Majes- 
ty to be repealed ; And if any further Acts are passed for creating 
more Bills of Credit than those already issued, Their Lordships will 
certainly -think themselves oblidged to lay them before His Majesty for 
his Disallowa-^'- ". 

However for the present, their Lordships command me to acquaint 
you, that they think it highly necessary for His Majesties Service, & 
for the Good of the Province under your Government, that all possi- 
ble Care should be taken for the effectual sinking those Bills, and 
that the Funds g!''^.i for that Purpose be duely applyed. 

I am further directed to observe to you, that the Laws referred to 
in these Acts for Paper Currency have never yet been transmitted to 
this office, And to desire that you will transmitt the said Acts, & all 
such Acts for the future as shall be passed in Pensilvania. 

I am, Sir, 

Your most Ilunible Servant, 

ALURED POPPLE. 

The Governour then desired the Advice & Opinion of the Board, 
whether it might not now be proper to lay this Matter before the. 
House, But some of the Members observing that it had not been 
usual for the Assemblies to proceed on Business at their first meet- 
ing, And that if this affair should be laid before them, & they adjourn, 
without taking the same into Consideration, it might be of bad Con- 
sequence, It was proposed & unanimously agreed to, that the follow- 
ing Message should be sent to the House, vizt : 

" That the Governour having been very much indisposed most of 
" this week, & understanding that it had not been usual for Assem- 
" blies to proceed on Business at their first meeting, this being also 
" the last day of the week, he had declined laying any Business 



278 MINUTES OF THE 

" before tliem this Morning, tlio' lie has by this last Conveyance 
" received some orders wliich nearly aflect theCountrcy, and will de- 
" serve the Houses Consideration, And therefore if the House will 
" think fitt to meet the beginning of next week, the Governour will 
" then without further Delay communicate what he has to lay before 
" them. 

Richard Hill &. Henry Brooke, Esquii'es, were desired to carry this 
Message, which they did, & being returned say they delivered the 
same, and that the House desired Time to consider of it. 

A Petition of several Inhabitants in & about Franckfort, setting 
forth the Inconveniences of the Road on both sides of the Biidgo 
there, for that on the father side there is occasion also for another 
Bridge over the other Branch of the Creek, which is there divided, 
& that to prevent the Charge of the two Bridges, that the Road also 
between the Millhouse and the Creek is much too narrow, All v> hich 
Inconveniences might be prevented by turning the Road a little lower 
& buildmg one Bridge, which would fully answer the End of two, 
where the Road now passes, and therefore praying that the said Road 
may be reviewed, was read, and the Consideration thereof deferred 
till another time. 

A Petition of divers Inhabitants about Pccjuea in the County of 
Chester was read, setting forth, that by order of Chester Court a 
Road had been laid out through the Township of Pequea, over Hills 
Swamps & Rocks, & almost half a Jlile about in the space of three 
miles, to the great Inconveniency of Travellers & the said Inhabi- 
tants, which Road is said to be that which leads from near Thomas 
Moore's towards the Township of Donnegal, and therefore the Peti- 
tioners pray that six good Men may be appointed to view the said 
Road, and make such Alterations therein as shall be necessary for 
the Service of the Publick. 

Which Petition being considered, Tis Ordered that John Wright, 
George Aston, Samuel Blunston, Samuel Rutt, John Musgrave, & 
Edmund Cartlidge, or a Majority of them, may view the said Road, 
& particularly that Part leading through the said Towhship of Pe- 
quea, & make such Alterations therein, as to them shall seem most 
just & reasonable for the publick Service, and make Return of their 
Proceedings herein to this Board. 

A IMessage from the House by four Members acquainted the Go- 
vernour, that the House intended to adjourn, if the matters he was 
to lay before them did not require their immediate Consideration, 
but requested in the mean tinic, that the Governour would be pleased 
to acquaint the House with the nature of these orders he had recei- 
ved, which so nearly aflect the Countrey — And being desired to with- 
draw for a litt'e time, after some Debate James Logan & Richard 
Hill, Esquii'es, were ordered to acquaint them with the aforementioned 
Letter from the P»oard of Trade, that they might inform the House 
of the same, but in such a manner, that no minute thereof should be 
entered on (heir Journals, until it should come in due form before them 
at their next Meeting. 



PROVINCIAL COUNCIL. 279 

And the said Members of Council reported to the Board, that they 
had communicated to those of the Assembly what they had in Charge, 
and that they had desired the Letter might be shewn to the House, 
which was agreed to upon Condition, that it should not be entered on 
their Minules. 

And then the Council Adjourned. 



v-Esq'rs. 



At a Council held at Philadelphia, 21st November, 1726. 

PRESENT : 

The Honble PATPvICK GORDON, Esqr., Lieut. Governour. 
James Logan, Anthony Palmer, 

Richard Hill, ' Robert Assheton, 

Isaac Norris, Willm. Fishbourn. 

The Minutes of the two proceeding Councils were read & ap- 
proved. 

The Governour then acquainted the Board, that the Assembly of 
the Province being now mett, he intended to lay before them such 
Matters as seemed proper for their Consideration, and for that End 
had prepared a Speech, upon which he desired the opinion of the 
Board; And the same being accordingly read & considered, was una- 
nimously approved by the Board & is as follows : 
Mr. Speaker & Gentlemen of the House of Representatives, 

" Having fully declared to the last Assembly what I take to be 
*' incumbent on me, in the Discharge of my Trust, I shall now re- 
" commend to you such matters relating to the Publick, as may be 
" proper for your consideration. 

" And in the first Place our Bills of Credit will claim your Regard^ 
" At your first meeting in October, I acquainted you with a Letter 
'• 1 had received but two days before from the Secretary to the Right 
" Honourable the Lords Commissioners for Trade and Plantations, on 
" the subject of our Paper Currency, which I now lay before you, 
" By this Letter you will observe what Impressions the Conduct of 
" some of these American Colonies had made on the Board to the 
" Disadvantage of such Bills. Yet notwithstanding their Dislike to 
" tiiem in general, they have expressed so much Tenderness for the 
" People of this Province, who have now that Currency in their 
" Hands, that we may, I hope, justly concluded the former Acts for 
" establishing it are happily out of Danger of a Repeal, But as 
" the Act past last year for rc-emitting part of the same Bills out 
" of the Loan Office may be thought to interfere with their Lordships 
" Directions, it will require our serious Application to find out proper 
" Measures for securing this equally with the other acts, which 'tis 
" hoped, may be successfully effected, when their Lordships are 
" duly apprized that the Trade between Britain & this Province, has 
" been so far from suffering, that it has been manifestly encreased 

VOL. III. 



280 MINUTES OF THE 

" since the Establishment of that Currency here, &, that more Bri- 
" tish Goods have been imported, more Ships built in this Place for 
" their Merchants, than had been for many Years before, But more 
" especially that this Currency instead of sinking in value, which 
" has been the great & chief objection to it in some other Colonies,. 
" now actually rises with us, being at this time at less than half the 
" Discount that, as I have been assured, it bore with Gold & Silver 
" but a Month before my Arrival; When this is duly represented to 
" their Lordships, I hope we shall have no Room to doubt, but they 
" will abate in their opinions of the ill Consequences of that Curren- 
" cy, especially in this Colony — And therefore seeing Ten thousand 
" Pounds of the Bills now in the Peoples hands, subsist on the Foun- 
" dalion of the last act, which was past before their Lordships Sen- 
" timents were made known to us, we may hope for their Indulgence 
" to that also, To obtain \vhich I shall very heartily joyn with you 
" Gentlemen.in whatsoever shall be reasonably proposed. 

" I cannot but with great Pleasure take notice on this occasion, of 
" the happy Prospect that this Province now afibrds of supplying by 
" the Industry of its Inhabitants, the Want of those Natural Advan- 
" ta<res that have attended divers of the American Colonies (in 
" making Returns with their own Product directly for Britian) which 
" in all Probability must in due time introduce real ^^'ealth & a 
" Currency of Intrisick Value amongst us. 

" Several Companies are already engaged in carrying on Iron 
" works. Hemp, from the Encouragement given, I am told, is raised 
" in much greater Quantities, But the first of these requiring a large 
" stock, and the other very fertile or enriched Land,, wch may dis- 
*' able poorer Families from partaking of their Benefits; Providence 
" seems now to have pointed out one Method more for employing 
" Even the mean & weak, as well as others of both sexes to conside- 
" rable Advantage, by raising Silk, which, as I am credibly informed.. 
" is produced here, as fine & good, as most of the World affords, & 
*< with as much ea-e. These three are Commodities fir which Britian 
" pays dear to other Countries, and with which there can be no 
" Danger of overstocking the Market, therefore as nothing can be 
" more acceptable loBiitian, than to receive from its own Colonics,. 
" what it purchases more disadvantageously from Forreigners, no- 
" thing perhaps may better deserve the Notice & Encouragement of 
" the Legislature. 

" These Gentlemen are the Heads I shall at present mention, what 
" further occurs may be sent to you by Messages, I shall only here 
".observe, that from the Views I have yet had of this Province, it 
" appears very plain, that we are, or may be, a very happy People, 
•" if we can but act worthy of those Blessings which seems to have 
" attended the pious & sincere Intentions of the late Honourable 
" Proprietor of those Sober good People, who have joyned their 
" Endeavours in the Settlement of this Colony. A grateful! & humble^ 



PROVINCIAL COUNCIL. 281 

'' Sense of those Mercies from the bountiful! Hands of Divine Pro- 
" vidence, under the mild Influence of a most benign & gracious 
" Sovereign, & the fdvour of indulgent Proprietors, are the only 
" Methods of securing their Countinuance, And a steady Resolution 
" in you Gentlemen to advance the true & solid Interest of the 
•' Countrey & Reputation of the Governmt., by establishing Justice 
" & Sobriety, will be the most ellectual Means of disappointing those 
" who by fomenting vain & idle Jealousies might seek to disturb our 
" Repose, In all which, & whatever may tend to the Honour & Be- 
" neiitoflhe Publick, You shall always have my very ready Coa- 
" cunence. 



At a Council held at Philadelphia, February 2d, 1726-7. 

PRESEAT : 

The Ilonble PATRICK GORDON, Esqr., Lieut. Governour. 

James Logan, Anthony Palmer, ") 

Richard Hill, ' Robert Assheton, lEsq'rs. 

Isaac Norris, ' Willm. Fishbourn. J 

Samuel Preston, 

The Governour acquainted the Board, that being informed there- 
had been held here ibr some time past, by the late Governour, ci 
Court of Equity or Chancery, & that several matters were depending' 
in that Court, touching whicii he had been frequently applied to by 
the Persons concerned, to the End he might take upon himself the 
Execution of the Office of Chancellour, but had hitherto declined the 
same until he should be better informed how the said Court came to 
be Erected, and have the Advice of this Board which he now desired 
on that head. 

Whereupon it was observed, that the Erecting of that Court 
was in Compliance with the Desire of the Representatives of the 
Freemen of this Province, Signified to the then Governour by an 
unanimous Resolution of their House, dated the 4th of May, 1720, 
and by the Approbation of this Board, as might appear by the Min- 
utes of Council. And that therefore it's the opinion of this Board 
that tho Governour may lawfully take upon himself the Execution of 
the sa'.d Office, that there may be no stop in the Administration of 
Justice, Provided always that due Regard be had to a Rule then 
Established & Entered on the Minutes, Which being read & agreed 
to, is hereby de novo established and confirmed, & is in these words: 
" That as often as the Governour is to Sitt in Chancery and hold 
" a Court, all the iMembers of Council in or near Philadelphia shall 
" be Summoned to attend the Governour as his Assistants upon that 
'• Bench, And that there shall not any Decree be pronounced or made 
" in Chancery, but by the Governour as Chancellor, with the Assent 
" & Concurrence of any two or more of the Six Eldest of the Council 



282 MINUTES OF THE 

" for the time being, And that those Six Eldest Counsellors or As- 
" sistants, or any of them, may be employed by the Governour as 
" Masters in Chancery, as often as occasion shall require. 

Then the Governour took the Oath of Office, After wch it was 
proposed, that some certain Rules for the better regulating of the 
Court & the Speedier Dispatch of Business should be drawn up by 
Persons skill'd in the Law, & the Constitution of such Courts, Which 
Proposal was approved of, & David Lloyd, Esquire, Chief Justice, 
& Andrew Hamilton, Esqr., Counsellor at Law, were named for that 
Purpose. 

Upon a Representation to this Board, that in remote Parts of this 
Province, where Lands have not been regularly Surveyed or granted, 
divers Persons not only Enter & Settle the Proprietors Lands with- 
out any Grant or Permission, but sometimes have proceeded to Acts 
of Violence in forcibly ousting of others, a remarkable Instance of 
which has lately happned in or near the Township of Donnegal, on 
Sasquehannah, where one John Scott being with his Wife and Chil- 
dren in peaceable Possession of a House, which he had built, were 
not only ousted by Force but their house was pull'd down before their 
Eyes, to the very great Breach of the Peace & Terror of the Kings 
peaceable Subjects ; To which Proceedings, unless a timely Stop be 
putt, & an effectual Discouragement given, the Country and the 
Publick Peace thereof may very deeply suffer thereby. 

Whereupon, It is ORDERED, that all Magistrates &: other officers 
who come to the Knowledge of any such Riots and Acts of Violence 
& Proceedings in their respective Counties, be required to exert their 
Authority & prosecute the Offenders with Vigour, in causing them 
to be apprehended, not only by the Constables and Assistants, but if 
occasion be, by the Sherif of the County with a sufficient force, and 
such Offenders when taken lo committ to close Prison, unless they 
shall find good substantial Security for their appearance at the next 
ensuing Courts of Quarter Sessions in their respective Counties. 

And that the Magistrates further take Care to bind Over proper 
Evidences who can give Information of such riotous Proceedings, to 
attend at the respective Courts, in order to have the Offenders prosecu- 
ted with Effect, that thereby the publick Peace may be preserved & 
Evil minded Persons be discouraged from breaking the same. 



At a Council held at Philadelphia, March 29th, 1727. 

PRESENT . 

James Logan, Robert Assheton, ? p , 

Richard Hill, Wm. Fishbourn. 3 ^^ ^^' 

The Governour acquainted the Board, that by Reason of the ri- 
singof the W^aters, through the excessive Rains we have had of late, 



PROVINCIAL COUNCIL. 283 

the Assembly of tliis Province did not meet the 27tli Instant pursuant 
to their Adjournment, so that tlicy were now without a Day, But 
being informed tliat there was a sufficient Number of Members in 
Town to make a House, he intended to constitute them one again, to 
the End he might lay before them a Matter of great Importance to 
the Prosperity of this Province, which he had now drawn up in 
Writing for the consideration of (his Board, and the same being read 
& some small Amendments made, was approved of & is as follows: 
Mr. Speaker & Gents, of the House of Representatives: 

" The Weather & Floods having prevented your meeting on the 
" 27th instant, pursuant to your last Adjournment, I thought fitt not- 
" withstanding as soon as a Sufficient Number to make a House were 
" in Town, to Enable you as I now do to act again, and altho' I 
" understand you are still for the Reasons that have been mentioned, 
" much short of being full, yet I cannot decline laying before you a 
" Matter of vast Importance to the whole Countrey, which requires 
" all our Attention and your serious Application." 

" This Gentlemen, is the horrid Attempt of some of the W'ickedcstof 
" Men, to adulterate the Bills of Credit of our own &; the neighbouring 
" Provinces, iirst discovered by me at Newcastle, and since more 
" fully by his Excellency the Governour of New York, who has ad- 
" vised me of his Success in apprehending two of the Criminals there. 

" The Design appears to have been laid so deep, that it may not 
'• unjustly be compared to the poisoning the Waters of a Counlrey, 
" the blackest & most detestable Practice that is Known, and which 
" the Laws of Nations & those of War condemn even in declared 
" Enemies, for as that destroyes the Lives of tlie innocent in taking 
" their natural Food, this would as effectually overthrow all Credit, 
" Commerce «fe Traflick, and the mutual Confidence that must Sub- 
" sist in Society to enable the Members of it to procure to themselves 
" and Families their necessary Bread." 

" We have seen large Quantities of the Counterfeit Bills of our 
" neighbouring Colony diffused in this Province, to the great Loss of 
'' its Inhabitants, & I am crediby informed the Design has been laid 
" to pour in upon us a fiood of our own Bills, counterfeited from Ire- 
" land, where they have so artfulh^ imitated most of those of Jersey, 
'' that it requires more skill to distincuish them than is to be expect- 
" ed amongst the Common, and especially amongst Countrey People. 

" Therefore to prevent the Importation & spreading of these Bills, 
" if possible, >'nd to provide for the apprehending & punishing the 
" Importers or Counterfeiters, & such as shall Knowingly utter the 
" same, in a manner more adequate to the Crime than is yet provi- 
" ded by the Law, is what I must now Earnestly recommend to your 
" most serious Consideration, lest such Provision should be too late, 
" &, the Credit of our Bills should sink, which for the fatal Conse- 
" quences that you are sensible must attend that unhappy Event, 
'' should be guarded against with the utmost Care." 



284 MINUTES OF THE 

The Governour then proceeded to inform the Board, that he had 
lately mett the Assembly of the three lower Counties at Newcastle, 
v/here he had succeeded in several Affairs nearly concerning the In- 
terest of the Honble Proprietary Family, &, likewise had opportuni- 
ties of discovering several underhand Practices & Designs carried on 
in opposition to that Interest, by a Person who held very profitable 
Places under the said Family, and was distinguished v/ith several 
marks of Favour & Places of Power under the Government, viz : 
John French; And that the Board mii^ht be the better convinced 
hereof, the Governour laid before them some Papers of the Hand- 
writing of the said John French, evidently calling in Question the 
Proprietors undoubted Right to the ?aid Counties, Which being read 
& well considered. And it likewise appearing to this Board, that he 
had used very unbecoming & disregardfull Expressions of the Pro- 
prietor & his Charter, the Board was unanimously of opinion, that 
he should be divested of all Power &; Authority under this Govern- 
ment, & likewise stand dismissed from this Board, to which he had 
been formerly called as a Member of Council. 

The Governour further informed the Board, that William Till ha- 
ving been formerly turned out of the Commission of the Peace for 
the County of Sussex, upon account of the Disregard he had showen 
to the Proprietary Family, had now not only acknowledged his Error 
and discovered to him the Methods by which he had been abused & 
imposed upon, but had likewise done very good service to that 
honble Family in the late Assembly, And therefore his Honour said, 
he had promised & thought it but just to reinstate him in the Ma- 
gistracy, To which the Board agreed. 

It was then proposed, seeing it would be necessary to issue new 
Commissions for the Supreme Court, and of the Peace for the said 
Counties, to consider of fitt Persons to be Commissionated, but the 
Consideration thereof was deferred till a fuller Board. 

One of tlie Members informed the Board of a Complaint made by 
the Indians living near a Branch of Brandyvvine Creek, that their 
Fishing was hindered by the building of a Mill &; Dam on the said 
Creek, in Newcastle County; And the said IMember having ob- 
served, that a Law was pass'd in the lower Counties for Keeping 
the said Dam open during the Fishing Season, & that if the same 
was not done. The Sheriff of the Countie was impowered & required 
to throw the same down ; Moved that the Governour would be 
pleased to order the Sherif to put that Law in Execution, that there 
might be no Cause of further Complaint, which the Governour read- 
ily promised to doe. 



PROVINCIAL COl'NCIL. 285 

At a Council held at Philadelphia, April 20th, 1727. 

PRESENT : 

The hoiible PATRICK GORDON, Esqr., Lieut. Governour. 

James Logan, Samuel Preston, 1 

Richard Hill, Anthony Palmer, i-Esq'rs. 

Isaac Norris, Robert Assheton. J 

The Minutes of the preceeding Council were read »St approved. 

The Governour observed to the Board that several of the Members 
of Council, living at some Distance from Town, & their Number 
being but few, it was difficult on some occasions to gctt a Quorum to- 
gether, & therefore proposed that an Addition should be made, and 
that the Members present would think of two or three fitt Persons for 
that End ; And the Board being of opinion that such an Addition 
is very necessary at this time, took the same into Consideration, & 
the three following were judged qualified for that Service, & Resolved 
that they, be call'd to this Board accordingly, vizt : Evan Owen, Cle- 
ment Plumsted & Thomas Laurence, Esquires. 

Then the Board proceeded to consider of proper Persons to be ap- 
pointed Judges of the Supream Court of the Lower Counties, and 
Justices of the Peace for the Counties of Newcastle & Sussex, and 
the following Persons were held proper to be assigned, & 

Resolved, that they be Commissionatcd accordingly, vizt : David 
Evans, Richard Grafton, Robert Gordon, Benjamin Shurmer, Henry 
Brook & Jonathan Baily, to be Judges of the Supreme Court. 

Robert Gordon, John Richardson, Joseph England, Charles Spring- 
er, Andrew Peterson, Hans Hanson, Simon Pladley, William Read, 
Thomas January, James James, Junr., Richard Cantwell, Joseph 
Robieson & James Armitage, to be Justices of the Peace for the 
County of Newcastle. 

Henry Brook, William Till, Richard Hinman, John Roades, Wool- 
sey Burton, Simon KoUuck, Samuel Rowland, John May, Jeremiah 
Claypoole, Jacob Kolluck, John Jacobs, Samuel Davis, Joseph Cord, 
Robert Shankland, George Walton, Enoch Cumings & David Smith, 
to be Justices of the Peace for the Countie of Sussex. 



At a Council held at Philadelphia, May 5th, 1727. 

PRESENT ; 

The Honble PATRICK GORDON, Esqr.. Lieut. Governour, 
Richard Hill, Robert Assheton, 1 p, , 

Samuel Preston, William Fishbourn. 5 ^^^ ^^' 

Clement Plumsted, Esquire, one of the three named in the pre- 
ceeding Minute, as Persons fitt to be added to this Board, now attend- 
ing, was called in, and took and Subscribed the several Affirmations 



286 MINUTES OF THE 

& Declarations cnjoyned by Law to be taken by tliose called Qua- 
kers, as also an AtHrmation for the Discharge of his Duty as a 
Member of Council. 

A Bill being sent up this day from the House of Representatives, 
Entituled, 

" An Act for the more effectual encouraging the raising of good 
Hemp, and for continuing an Excise on all Wine, Rum, Brandy, & 
other Spirits retailed within this Province, was read at the Board, to 
which some small Amendments were made & ordered to be sent down 
to the Assembly with the said Bill. 



At a Council held at Philadelphia, May 6th, 1727. 

PRESENT : 

The Plonble PATRICK GORDON, Esqr., Lieut. Governour. 

Richard Hill, Evan Owen, ) p, , 

Robert Assheton, Clement Plumsted. 3 ^ 

Willm. Fishbourn, 

The House of Representatives waited upon the Governour with 
an ingrossed Bill to be passed into a Law, wch was pass'd accord- 
ingly, vizt : 

An Act for the more effectual encouraging the raising of good 
Hemp, & for continuing an Excise on all Wine, Rum, Brandy, and 
other Spirits, retailed within this Province. 

And the Great Seal was Ordered by Warrant to be affixed to the 
same. 

N. B. Evan Owen had formerly qualified himself as a Counsellor 
in Sir W^illiam Keith's Administration. 



At a Council held at Philadelphia, June 5lh, 1727. 

PRESEIVT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governour. 

James Logan, William Fishbourn, "j 

Richard Hill Evan Owen, I Esq'rs. 

Isaac Norris, Clement Plumsted. J 

The Governour acquainted the Board, that the Office of Prothono- 
taryofthe Court of Common Pleas for the City & County of Phila- 
delphia being now vacant by the Death of Mr. Assheton, & the time 
of the sitting of that Court being near at hand, he intended to grant 
a Commission for tha^t Office to Mr. Andrew Plamilton, whom he 



PROVINCIAL COUNCIL. 287 

look'd upon as one not only well qualified by his Skill in the Law to 
fill that Place, but who had likewise done very considerable Service 
to the Prnprietaiy Family in this Province &, Counties; And that 
altho' the Power of this Appointment was entirely lodged in himself, 
Yet nevertheless he had thought proper to cat! the Council together at 
this time to have their Advice & opinion heroin, which he now de- 
sired. 

Whereupon each Member delivered his opinion, and all unani- 
mously agreed in approving the Governours said Appointment. 



At a Council held at Philadelphia, July 3d, 1727. 

PRKSEAT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governour. 
James Logan, William Fishbourn, ") 

ivichard Hill, Evan Owen, lEsq'rs. 

Isaac Norris, Clement Plumsted. J 

Samuel Preston, 

Present also, several Chiefs of the five Nations, but most of them 
of the Nation of the Cayoogoes, vizt: 

Connosoora, Cagongsaniyong, Cantaraghcngrat, Tannewhanne- 
gah, Cannawatoe, Seelowacks, Achyiawanra, Onaquadeghoa, &c., 
with Civility & Satcheetchoe of Conestogoe, and Divers of the Ga- 
nawese, &c. 

These, with divers other Indians, arriving irom the five Nations 
and Sasquehannah four days agoe, desired a Meeting with the Go- 
vernour as on this Dav. The Governour, to give them an opportu- 
nity Summoned the Council for that Purpose, who being mett, & 
these Indians Seated. 

The Governour told them by M. Montour, a french Woman, who 
had lived long among these People, and is now Interpretess, that he 
was glad to see them all well after so long a Journey, and was now 
ready with his Council to receive what they have to say. 

Tannewhannegah spoke, & by Montour the Interpretess said, That 
the Chiefs of all their five Nations being mett together in one of their 
Towns, they held a general Council, & that these who are now pre- 
sent came in the Behalf & by the Advice of all the rest, that they 
understood the Governour o( this Province had divers times sent for 
them to come hither. And that they were now accordingly come by 
the Advice of all their Brethren to know the Governours Pleasure. 

That the first Governour of this Place, Onash. (that is Governour 
Ponn) when he first arrived here, sent to them to desire them to sell 
Land to him, that they answered they would not sell it then, but they 
might do it in time to come, that being several times sent for they 
\vcre now come to hear what the Governour had to offer. 

24 



288 MINUTES OF THE 

That when the Govcrnour was at Albany he had spoke to them to 
this Purpose. Well, my Brethren, you have gained the Victory ; 
You have overcome the People & their Lands are yours. We shall 
buy them of you ; How many Commanders are tliere amongst you, 
and being told there were forty, he said Then if you will comedown 
to me 1 wil) give each of these Commanders a Suit of Cloaths such 
as I wear. They say, that a former Govcrnour proposed to some of 
their Nation, as they were passing by Conestogoe logo to Vv ar 
against their Enemies, that he would buy that Land at Tsanandowa, 
for that he had a mind to settle some of his people there, (as being 
in their Road) who would Supply them with Necessaries in their 
Journey ; that they answered, they were then going to War and 
could not attend Affairs of Land, but at their Return they would lay 
the Matter before their Chiefs, who would give their Answer, and 
now they are come to hear what the Governour has to otFer. 

They add that the said Governour, when he was at Conestogoe, 
desired those Warriours to Speak to the Chiefs about the Purchase of 
that Land ; that having no Wampum to send by them as a Token oi 
the Message, he gave the Warriours a Cask of Powder Avith some 
Shott, a Peice of red Strowds and some Duffells, that the Warriours 
delivered their Message to the Chiefs, who have now sent to lett the 
Governour know they are willing to proceed to a Sale; And with this 
Speech they present two very small Bundles of Deer Skins for a 
Confirmation. 

The Governour told them that he would answer them in the Morn- 
ing to all they had said, & they departed. 



JULY 4TH. 

The Council and Indians being mett according to Appointment, the 
Governour, by the same Interpretess, in answer to what the Indians 
said yesterday spoke to them as followes, vizt : 

The Governours of this Province, who Lave all acted here in the 
Place of William Penn, the first & great Governour of the same, 
have always been pleased with every Opportunity of cultivating & 
improving a friendship with the five Nations, and the present Gover- 
nour & his Council take their Visit very kindly at this time, but they 
have been misinformed when they Supposed the Governour had sent 
for thetn ; the Journey is very long & he would not have putt them 
to so much Trouble, or if he had seen Occasion for it he would ac- 
cording to Custom have sent some Messenger with a Token, by 
which the five Nations might have been assured of the Truth of the 
Message. 

Governour Penn, (that is Gnash) when he first came into this Pro- 
vince, took all the Indians of it by the hand ; he embraced them as 
bis Friends & Brethren, & made a firm League of Friendship with 
them ; he bound it as with a Chain that was never to be broken ; 
he took none of their Lands without purchasing and paying for them, 



PROVINCIAL COUNCIL. 2&9 

& knowing the five Nations claimed the Lands on Sasquehannah, he 
engaged Collonel Dungan, Governour of New York, about forty years 
since to purchase their Right in his behalf, which Collonel Dungan 
did, & we have the Deeds from him for all those Lands. 

The five Nations were so sensible of this that they never since 
claimed these Lands, tho' we have had many Visits from them hither 
for brightning the Chain of Friendship. And five Years since, when 
Sir William Keith and four Gentlemen of the Council were at Alba- 
ny, at a general Meeting of all the five Nations their Chiefs of them- 
selves confirmed the former Grant, and absolutely released all 
Pretentions to these Lands ; Our Records shew this, & these People 
who arc now here cannot but be Sensible of it. 

When a former Governour of this Place, with his Council, made 
a Present at Conestogoe to some of the five Nations then passing that 
way, it was not with any view to purchase the Lands at Tsanando- 
wa. The Governour thanks them very heartily for their offer to 
sell these Lands, if they are not yet purchased, but he cannot treat 
about them at present. William Penn's Son, who was born in this 
Countrey is expected ever here, & then he may treat with them if he 
think it proper. In the mean time, as these Lands lie next to oui 
Settlements, tho' at present at a great Distance, We shall take this 
Ofitir as a Proof of their Resolution to Keep them for him. 

This is what the Governour has at present to say about Lands, 
but as they are come a long Journey to visit us. He gives them as our 
Friends & Brethren these Goods now laid before them, desiring that 
of the 5 Guns one may be given to the Chief of each of the five Na- 
tions, with three pounds of Powder & as much Lead, and the rest 
may be divided as they shall think pi'oper. And we have also pro- 
vided Bread, Cheese, Rum, Pipes & Tobacco, for their Support in 
their Return. 

The Governour doubts not but they are fully convinced of our 
Friendship and Regard to them, and that they will Consider their 
Reception here as a Proof of it. The Governour recommends to 
them to notify to the Chiefs of the five Nations what passes between 
us, that it may be Kept in perpetual Remembrance. 

The Goods which were last night ordered for them are, 
5 fine Guns, 50 lbs. of Powder, 

15 Strowd Match coats, 100 lbs. of Lead, 
10 Blanketts, 2 dozen Knives, 

10 Duffell Matchcoats, 
12 Shirts, 

Ordered further : 

To the Interpretess 1 Strowd, 1 Shirt, 1 Matchcoat. 
To her Husband Carondawana 1 Strowd, & another to her Niece. 
To Civility 1 Strowd, 1 fine Shirt & 1 pair of Stockings. 
Also, 1 cwt. of Bisket, 10 Gallons of Rum, with Cheese, Tobacco 
& Pipes, for their Journey. 



290 MLNUTES OF THE 

After the said Indians had received their Present, & were parted, 
they again applied, desiring an Opportunity of Offering something 
further, And the Governour appointing the sanne afternoon, they melt 
and presenting Six very small Bundles of Deer skins, proceeded to 
say: 

That they are come hither to see the Governour in his Govern- 
ment, and are Torj well pleased with the opportunity given them, & 
with the Governoiars Discourse this Morning, concerning the Cove- 
nant Chain & the Friendship that has long subsisted between them, 
and 'tis This they desire may be Kept bright & shining to the Sun, 
& that neither Rain nor Damps nor any Rust mayaliect it to deprive 
It of its Lustre; And that the Governour & his People, & they & their 
People, and their Children & our Children may ever continue as they 
have hitherto been, one Body, one Heart & one Blood to all Gene- 
rations. 

They are (they say) but of one Nation, but they speak in behalf 
of all the five Nations & by authority from them all. All humane 
things are uncertain, & they Know not what may befall them, or into 
what Misfortunes they may be involved, if they hear any News rela- 
ting to us like Brethren they will inform us of it ; And if we hear any 
ill News relating to them they desire also to be informed of it, for 
when they meet with any Misfortunes and Troubles they will apply 
ro us and acquaint us with them, as their Friends and Brethren. 

The say that thcie come many sorts of Traders among them, both 
.Indians and English, who all Cheat them, & tho' they get their Skins 
they give them very little in Pay. They have so little for them they 
cannot live, & can scarce procure Powder & Shott to hunt with & 
gett more. Those traders bring but little of these, but instead of 
them they bring Rum which they sell very dear, at least 3 or 4 
times more than it is worth, and of this they complain. 

They take Notice that both the French ^' the English are raising 
Fortifications in their Country and in their Neighbourhood, and 
that great Numbers of People are sent thither, the meaning of which 
they doe not very well conceive; But they fear some ill Consequences 
from it, and make it now Known to us as their Brethren. 

They desire there may be no Settlements made up Sasquehannah 
higherthan Pextan,and that noneof the Settlers thereabouts besuffered 
to sell or keep any Rum there, for lhat»beir:g the Road by which their 
People goe out to War, they are apprehensive of Rlischicf if they 
meet with Liquor in these Parts. They desire also, for the same 
Reasons, that none of the Traders be allowed to carry any Rum to 
the remoter Parts where James Le Tort trades, (that is Allegany on 
the Branches of Ohio.) And this they desire may be taken Notice of, 
as the mind of the Chiefs of all the five Nations, for it is all those 
Nations that now speak by them to all our People. 

The Governour received their present Kindly, thank'd them for 
what they had said, and that they might have something in Return 
for their'last Present, It was ordered that the Quantity of Powder 



PROVINCIAL COUNCIL. 291 

should be Encreased to a hundred Pounds, and instead of 100 lbs. 
tlie\' should have a hundred Barrs of Lead. 

The Govr. told them he would answer what they had last said in 
the Morning, upon which, after a friendly Entertainment by the Go- 
vernour <^ Council they parted. 



JULY 5TH. 

The Council being mett & the Indian Chiefs Seated. 
The Governour, in answer to what they had proposed last Night 
spoke as follows : 

To their Ist Speech : The first great Governour of this Place took 
Care to fix the Covenant Chain between himself &. the Indians, & he 
& his People have always kept it bright on their parts, & are desi- 
rous it may ever be continued the same in the Manner they have 
mentioned betwen our Children & theirs forever, and the old men 
are desired to acquaint their young People with this as they grow 
up, that all our Posterity may know what their Fathers have agreed 
to. 

We know of no ill News a: present, there is no Danger of any 
War in these Parts. When we can inform the five Nations of any 
thing worthy their Knowledge we shall acquaint them : there is a 
great Talk of War in Europe, but now both the English & French 
are on the same Side. 

To the 2d : As to Trade, they know 'tis the Method of all that 
Ibllow it to buy as Cheap and sell as dear as they can, and every 
Man must make the best Bargain he can ; the Indians cheat the In- 
dians & the English cheat the English, «5' every Man must be on 
his Guard. 

As to Pvum, we have made divers Laws to prohibit it, & made it 
lawful! for an Indian to stave all the Rum that is brought to them, for 
they carry it privately out of Town without the Governours Knowl- 
edge; But the Indians are too fond of it themselves, they will not 
destroy it. We desire them not to seize any for that is not lawfull, 
but that they would break the Casks and destroy it. 

To the 3d : They may assure themselves that the English ever 
have been & are their constant Friends. & therefore that they have 
nothing to fear fiom their Fortifications; Of those made by the ffrench, 
that they are so remote from us that we Know nothing. 

To the 4th : We have not hitherto allowed any Settlement to be 
made above Pextan, but as the young People grow up they will spread 
of Course, yet it will not be very speedily. The Governour, how- 
ever, will give orders to them all to be civil to those of the five Na- 
tions as they pass that way, tho' it would be better if they would 
pass Sasquehannah above the Mountains. And the sale of Rum shall 
be prohibited both there & at Alegany, but the Woods are so thick 

VOL. HI. 



292 MINUTES OF TFIE 

& dark vvc cannot see what is done in them. The Indians ma}- stave 
any Rum they find in the Woods, but, as has been said, they must 
not drink or carry any away. 

The Governour added, that as they were now preparing for their 
Return, and we were to take Leave of each other, He had in consi- 
deration that Powder & Lead was of the greatest use to them in their 
hunting, and that both these were scarce & dear, he had ordered their 
Quantity to be encreased, then their Rum and Provisions were deli- 
vered to them, with a parlicular Charse that they should not toitch 
with any of their Liquor till after their Departure from hence, for 
that while they staid they should be provided for here. 

They desired the Governour would give them something in writing, 
desiring the Inhabitants as they pass'd along their Road to be civil 
to them & assist them with Provisions, which was accordingly orde- 
red to be drawn up for them. 

They further requested a Writing to Shew that the Governor al- 
lowed them to Stave any Rum they mett with in the Woods, which 
was promised with this Limitation, that they should not meddle with 
any Rum they found in any houses whatsoever, and that they should 
not on any account seize any to drink or carry it away. And with 
this Caution a Writins; was ordered. 



Esq'rs. 



At a Council held at Philadelphia, July 20th, 1727. 
riiESENT:^ 
The Honble PATRICK GORDON, Esqr., Lieut. Governr. 

James Logan, Evan Owen, 

Richard Hill, Clemt. Plumsted. 

William Fishbourn, 

' The Governour acquainted the Board, that he had called them to- 
gether to consider of a Petition he had received of one Robert Duck- 
eft, now under Confinement in Philadelphia Goal for the murder of 

one John Evans, on board the Ship , in the Bay of Honduras, 

praying a Speedy Trial, Which Petition being read, Richard Hill, 
Esqr., one of the Justices of the Supreme Court, informed the Board 
that this Petitioner was committed by his Warrant for the said Mur- 
der, which upon examination he had confessed, at the same time de- 
claring it was wholly accidental S: not of Design. 

The Board taking the same into serious Consideration, and it ap- 
pearing doubtfuU whether the Fact is cognisable by our Courts of 
Justice, the same being committed on the high Seas, are of opinion, 
that the Attorney General lay this matter before the Justices of the 
Supreme Court, & acquaint them with the Application now made to 
this Board, that they may come to some Resolution herein. 



PROVINCIAL COUNCIL. 293 

At a Council held at Philadelphia, August 15th, 112T. 
rKESKNr : 
The Honourable PATRICK GORDON, Esqr., Lieut. Governour. 
James Logan, Samuel Preston, ? p 

Richard Hill, William Fishbourn. 5 

Isaac Norris, 

The three following Bills were this day sent up from the House of 
Representatives, vizt : 

AN" ACT for establishing a Ferry irom the City of Philadelphia, to 
the landing at or near the House of William Cooper, &, another 
from or near the City bounds to Gloucester, in New Jersey. 

Upon reading which, it was observed, that the Appointment of 
Ferries over Great Rivers being a part of the Prerogative, is therefore 
lodged in the Proprietor, and that tho' divers Ferries have been ap- 
pointed by Acts of Assembly, yet the Grant was always to some 
person named in the Act who was thereby made the object of the Go- 
vernour and Asserablys Favour. That the Ferries to be established 
by this Act may properly enough come under the Cognisance and 
Direction of the Corporation, seeing the Ferry to and from Gloucester 
chiefly regards the City as well as that to Coopers ; But that it would 
be very improper to vest the County Commissions with this Power 
over Ferries, who are only appointed for some services incumbent on 
eaclr County respectively to discharge, and therefore that if no par- 
ticular Person is mentioned in the Act, and if it may not be managed 
by the Corporation, the same will more naturally fall under the Di- 
rection of the Governour and Council, who have the sole Power of 
establishing all the greater Roads. 

And an Amendment was drawn up accordingly. 

AN ACT more effectually to prevent u.nfair Practices in the pack- 
ing of Beef and Pork for Exportation. 

It was proposed as an Amendment to this Bill, that the barrel ot 
Pork should contain 31 i Gallons, in Conformity to the English Stan- 
dard, and the Practice of our neighbouring Government of New York, 
It was likewise considered, that the Fee to the Officer a[)pointed by 
this Act is too high, for that one shilling or iburteen pence at most 
may be a sufficient Fee for packing, salting and brandirg, or for open- 
ing, repacking, and branding one Barrell. 

And an Amendment was ordered accordingly. 

A Supplementary Act to the Act for ascertaining the number cf 
Members of Assembly, and to regulate Elections. 

To which an Amendment was drawn up and agreed to in the fol- 
lowing Words : 

" The House undoubtedly proposes by this Act to supply what is 
" deficient in the first recited Act of the 4th of Q. A. ; But on a care- 
" ful Review of that act, and this Supplement proposed there appears 
" this Great Defect. 



294 MINUTES OF THE 

" The Act in force very carefully provides, that no Person shall 
" under the Penalty of Five pounds Vote for Assembly men, but 
" such as are qualified as that Act directs, and lo the End that no 
" Person be admitted to vote but such as the ]nsj)ectors Know to be 
" thus qualified; It is provided, that every Elector, before he be ad- 
*' mitted to poll, shall take a solemn Allirmation prescribed by the 
" Act if required by any of the Inspectors, but the Inspectors neither 
*' are required, nor duly empowered by the Act to administer any 
" such Oath or Affirmation. 

*' Therefore, as this has probably been overlooked by the House, 
*' and as loud Complaints have been made of Persons being frequent- 
'' ly admitted in some Places to vote, who by Law have no Right, the 
'' following Amendment is proposed. 

" And the said Inspectors are hereby authorized & required to 
" administer to every Elector or Person who presents his Tickett for 
" electing Representatives to serve in Assembly, an Oath or Affir- 
" mation, in the words directed bj the aforesaid Act of the 4th of 
*' Queen Anne, vizt : that such Elector is of twenty one years of 
" age, and a Freeholder, &c., unless the Qualification of such Elec- 
" tor be generally well Known, or some one or more of the Inspec- 
" tors shall or will openly declare to the rest, that they Know such 
" Elector to be qualified as aforesaid ; And the Votes or Pickets of 
" such as ofl^er to poll & refuse to take the said Oath or Affirmation 
" shall be openly rejected ; And the Vote or Ticket of every Person 
" who takes the said Oath or Affirmation shall be putt in the Box, 
" and no Ticket so received shall be suppressed. 

" It is further proposed, that as the Inhabitants of Philadia. County 
" & City are more numerous than those of the other Counties, that 
" more Inspectors should be appointed for the said County c^- City, 
" vizt: Eight in Number." 

And the said Bills, with the Amendments, were ordered to Le re- 
turned to the House. 



At a Council held at Philadelphia, August 18th, 1727. 
present: 
The Honble PATRICK GORDON, Esqr., Lieut. Governour. 
James Logan, William Fishbourn. ; , 

Richard Hill, Clement Plumstead. S ^^ ^^' 

A Bill, Entituled An Act for establishing Courts of Judicature in 
this Province, being sent up by the House, was read, To which the 
following Clause concerning Appeals, contained in a late Instruction 
from His Majesty, was proposed to be added as an Amendment, to 
which the Board agreed, & the same is as foUowes. 



PROVINCIAL COUNCIL. 295 

" And Execution shall be suspended until the final Determination 
" of such Appeal, unless good &, suffiient Security be given by the 
" Appellee to make ample Restitution of all that the Appellant shall 
" have lost by means of such Judgement or Decree, in case upon the 
" Determination of such Appeal, such Decree or Judgement should 
•' be reversed & Restitution awarded to the Appellant." 

Then the Governour acquaint-.'d the Board, that he had received 
from 3Ir. Moore, Collector of the Customs a Proviso to be added to 
the said Bill, which the Collector conceives to be for His Majesties 
Interest, and therefore His Honour now recommended it to their 
Consideration, which being read, is as foUowes : 

" Provided always and be Enacted by the Authority aforesaid, 
*' thai all Actions, qui tarn Suits, Informations and Prosecutions what- 
■•' soever, wherein the Kings Majesty, his Heirs or Successors, is or 
'• shall be anyways interested or concerned, shall and may be com- 
" mcnced, sued or prosecuted originally in the Supreme Court of this 
" Province, any thing herein, or any Law, Usage or Custom to the 
" contrary notwithstanding." 

Flereupon most of the Members observed, that it would be in vain 
to ofler the same to the Plouse, because the Chief Design of this new 
Bill being to take away from that Court all Power of issuing Original 
^Vritts, which Power by a former unanimous Resolve of the House 
was adjudged not to be in the said Court, even by the former Act, it 
being only designed as a Court for redressing the Errors, «S:c. of 
clher Courts, and from the Sentence of which there lies no Appeal, 
but to the King, therefore the Clause now offered seemed very im- 
proper. But upon the Governours pressing that the same should at 
least be laid before the House, the Board agreed thereto, <fe 

Ordered, that- the Bill be returned to the House with the forcgoing 
Amendment & the Clause offered by Mr. Moore. 

EODEM DIE, P. M. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governour. 

And the same Members as in the Forenoon. 

The House of Representatives waited upon the Governour accord- 
ing to order, and presented for his Approbation the three following 
Bills, vizt : 

Ax Act more effectually to prevent unfair Practices in the packing 
of Beef and Pork for Exportation. 

A ScprLEMENTARY AcT to the Act for ascertaining tlie Number of 
Members of Assembly and to regulate E'ections. 

An Act for establishing a Ferry from the City of Philadelphia to 
the landing at or near the House of William Cooper, & another from 
or near the City bounds to Gloucester, in New Jersey. 

To which the Governour gave his Assent & psssedthem into Laws 
of this Province, and Ordered the same to be sealed & published. 



296 MINUTES OF THE 

At a Council held at Philadelphia, August 25th, 1727. 

PRESENT : 

The Honourable PATRICK GORDON, Esqr., Lieut. Governr. 

James Logan, \Villiam Fishbourn, ? p , 

Richard Hill, Clement Plumstead. 5^^^^^* 

Samuel Preston, 

A Bill this day sent up from the Assembly was read, vizt : 

A Supplement to the Act for talcing Lands in Execution for the 
Payment of Debts, which with the following Amendment made thereto 
was ordered to be returned to the House. 

" The Plaintiff or Person, in whose behalf Execution was levied, 
" may apply to the Court of Common Pleas for the County, where 
" Judgement was obtained & sett lorth to them, his Case with the 
" Reasons why his Title was not duely perfected by the proceeding 
" or former Sherif ; And the said Court may thereupon, as they 
" shall see Cause, and as Justice & Equity shall require. Order and 
" direct the Sherif for the time being to compleat any such Title & 
" execute such Deeds as aforesaid, and upon such order obtained as 
" aforesaid and entered on the Records of the Court, It shall and 
" may be lawful!, &c." 

The Provincial Treasurer exhibited to the Board an account of 
Charges of the late Treaty with the Indians of the five Nations, at 
which above forty Persons were entertained from the 28th of June 
to the 9lh of July, and of the Presents then made to the Indians, 
amounting in the whole to Eighty four Pounds five shilling one penny 
half penny. And the Presents made by the Indians, sold by the Trea- 
surer, amounting Twelve pounds twelve shillings and six pence, the 
Balance remaining is Seventy one Pounds twelve shillings seven 
pence half penny ; Which Account the Board examined & appro- 
ved, and recommended the same to the Assembly for Payment. 



At a Council held at Philadelphia, August 26th, 1727. 

PUESENT : 

The Ilonble PATRICK GORDON, Esqr., Lieut. Governour. 
James Logan, 



William Fishbourn, ^ p , 
Clement Plumsted. ^ ^ 



Richard Hill, 
Samuel Preston, 

The House of Representatiees waited on the Govr. according 
to order, and presented the two following Bills for his Approbation, 
vizt : 

An Act for establishing Courts of Judicature in this Province. 



PROVINCIAL COUNCIL. 297 

A Supplement to the Act for taking Lands in Execution for the 
Payment of Debts. 

To which the Governour gave his Assent and pass'd them into 
Laws, and Ordered them to be sealed and published. 

Tlien the Speaker, after presenting the Governour with a Bill 
drawn on the Provincial Treasurer for £500, as the Support for the 
remaining part of the current year, acquainted him that the House 
was desirous the Governour would pay the Indians a Visit as usual, 
as soon as his Health & Conveniency would permitt ; To which the 
Governour answered, that he would be always ready to doe what lav 
m his Power to keep up a good Correspondence with the Indians, and 
for that End intended to visit them next Summer, and that as they 
expect the usual Presents on these occasions, he hoped the House 
would take care to make suitable Provission for the Charges of the 
Journey. 

The Governour then took occasion to acquaint the House, that 
several Indians from the five Nations had been here in July last to 
visit him, who had been entertained twelve Days & had received 
some small Presents, an Account of the Charges of which, as exhibit- 
ed by the Provincial Treasurer, had been approved by the Board, & 
therefore lecommonded it to the house to order the Payment thereof. 
After which, the Governour having thanked them for the Provision 
they had made for his Support, the House withdrew & the Council 
adjourned. 



At a Council held at Philadelphia, August 3Lst, 1727. 

prese?;t : 

The Honble PATRICK GORDON, Esqr., Lieutenant Governour. 

James Logan, Samuel Preston, "j 

Richard Hill, William Fishbourn, lEsq'rs. 

Isaac Norris, Clement Plumstead. J 

The Governour acquainted the Board, that the News of the Death 
of His Majesty King George, and of his Royal Highness the Prince 
of Wales being proclaimed King, seemed now to want no furtlier 
Confirmation, it appearing true by several Accounts from London, 
as well as the printed Proclamation from New York and Boston ; And 
that therefore he had given Notice to the Mayor & Commonalty of 
this City, of his Intentions this day to proclaim here His said Royal 
Highness King of Great Britain, &c., and expected that the Members 
present would likewise give their Attendance on this occasion, that 
the Ceremony might be performed with all suitable Solemnity. 

To which the Board unanimously agreed & desired the Governr. 
would give the necessary Orders therein, and that they were ready 
to attend him. 



298 MINUTES OF THE 

At a Council held at Philadelphia, Septemr, 1st, 1727. 

PRESENT : 

The honble PATRICK GORDON, Esqr., Lieut. Governour. 
Richard Hill, William Fishbourn, ?p '. 

Isaac Norris, Clement Pliimstead. 3 ^ 

Samuel Preston, 

After the Governour had acquainted the F>oard, that yesterday His 
Royal Highness George, Prince of Wales, had been publickly pro- 
claimed hero King of Great Britain, &c., by the Name of George the 
Second, with the Solcmnit}' and Ceremony suitable on that occasion. 
His Honour took the Oaths, and the several IMembers present the 
Affirmations of Allegiance & Fidelity to his said Majesty & Abju- 
ration of the Pretender, as did likewise the Clerk of the Council. 

The Governour then desired the Advice of the Board, whether His 
Majesty should be proclainsed in each of the three lower Counties 
upon Delaware, or whether it would not be sufficient if it was only 
done at Newcastle, seeing that Place is reputed the Seat of Go- 
vernment of these Counties. 

The Board is of opinion that it is sufficient if done at Newcastle. 

After which the Governour took Occasion to inform the Board, 
that the uncertain State of his Health would not allow him to make 
Journey hither as he had intended, but that however he would give 
the necessary Directions to the Gentlemen of the Magistracy there. 

It was then proposed to renew the several Commissions of the Su- 
preme Courts, and of the Peace, for- the Province and Counties ni 
His present Majesty's Name, which being by the Board approved of. 
It's ordered, that new Commissions beforthv.-ilh issued in his present 
Majestys Name to the same Judges and Justices named in the Com- 
missions now subsisting, leaving out those of them that are dead, & 
•adding James James to the Commission of the Peace for the County 
of Chester, whom the Board held proper to be Commissionated a 
Justice of that County. 

Samuel Preston, Esqr., one of the ]\Iembers present, moved that 
his Name might be left out of the Commission of the Peace for Phi- 
ladelphia County, because his Affairs would not allow him to give 
the necessary Attendance, Which was conceded to. 



At a Council held at Philadelphia, September 14th, 1727. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governour. 
James Logan, William Fishbourn, ? -p, » , 

Richard Hill, Clement Plumstead. 3 ""^ 

Isaac Norris, 

The Governour acquainted the Board, that he had called them to- 
gether at this time to inform them that there is lately arrived from 



PROVINCIAL COUNCIL. 299 

Holland, a Ship with four hundred Palatines, as 'tis said, and that 
he has information they will be very soon followed by a much greater 
Number, who design to settle in the back parts of this Province ; & 
as thev transport themselves without any Leave obtained from the 
Crown of Great Britain, and settle themselves upon the Pro[)rietors 
untaken up Lands without any Application to the Proprietor or his 
Commissioners of Property, or to the Government in General, it 
would be highly necessary to concert proper Measures for the Peace 
and Security of the Province, which may be endangered by such Num- 
bers of Strangers daily poured in, who being ignorant of our Language 
& Laws, & settling in a Body together, make, as it were, a distinct 
People from his Majesties Subjects. 

The Board taking the same into their serious Consideration, ob- 
serve, that as these People pretended at first that they ily hither on 
the Score of their religious Liberties, and come under the Protection 
of His Majesty, its requisite that in the first Place they should take 
the Oath of Allegiance, or some equivalent to it to His Majesty, and 
promise Fidelity to the Proprietor & obedience to our Established 
Constitution ; And therefore, untill some proper Remedy can be had 
from Plome, to prevent the Importation of such Numbers of Stran- 
gers into this or others of His Majesties Colonies. 

'Tis Oedered, that the Masters of the Vessells importing them 
shall be examined whether they have any Leave granted them by the 
Court of Britain for the LTiportation of these Forreigners, and ifiat a 
List shall be taken of the Names of all these People, their several Oc- 
cupations, and the Places from whence they come, and shall be fur- 
ther examined touching their Intentions in coming hither ; And 
further, that a Writing be drawn up for them to sign declaring their 
Allegiance & Subjection to the King of Great Britain & Fidelity to 
the Proprietary of this Province, & that they will demean themselves 
peaceably towards all His Majesties Subjects, & strictly observe, and 
conform to the Laws of Encrland and of this Government, 



At a Council held at the Courtho, of Philadia., Septemr. 2 1st, 1727. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governour. 

James Logan, William Fishbourn, > ^ , 

Richard Hill, 5 ^'^^'^ '■^• 

A Paper being drawn up to be signed by those Palatines, who 
should come into this Province with an Intention to settle therein, 
pursuant to the order of this Board, was this day presented, read & 
approved, & is in these Words : 

We Subscribers, Natives and late Inhabitants of the Palatinate upon 
the Rhine & Places adjacent, having transported ourselves and Families 

25 



300 



MINUTES OF THE 



into this Province of Pensilvania, a Colony subject to the Crown of 
Great Biitain, in hopes and Expectation of finding a Retreat & peace- 
able Settlement therein, Do Solemnly promise & Kngage,that We will 
be laithfull &; bear true Allegiance to his present MAJESTY KING 
GEORGE THE SECOND, and His Successors Kings of Great 
Britain, and will be faithfiill to the Proprietor of this Province ; And 
that We will demean ourselves peaceably to all His s;iid Majesties 
Subjects, and strictly observe & conform to the Laws of England and 
of this Province, to the utmost of our Power and best of our under- 
standing. 

A Signed List was then laid before the Board, of the Names of 
one hundred & nine Palatines, who with their Families, making in 
all about Four hundred Persons, were imported into this Province in 
the Ship William and Sarah, William Hill, Master, from Rotterdam, 
but last from Dover, as by Clearance from the Officers of his Majes- 
ties Customs there ; And the said Master being asked, if he had any 
License from the Court of Great Britain for transporting those Peo- 
ple, & what their Intentions were in coming hither, said that he had 
no other License or Allowance for their Transportation than the 
above Clearance, and that he believed they designed to settle in this 
Province. They were then called in, and the several Persons whose 
Names are subjoyned did repeat & subscribe the foregoing Declara- 
tion, vizt : 



G. M. Wey, V. D. M., 
Hans Jerig Siegler, 
Jacob Gons, 
Hans Jorig Swab, 
Michael Peatley, 
Unicus Meyer, 
Hans Martin Lerystein, 
Hans Michael Fiell, 
Hans Jeris; Hereylf, 
Abraham Beni, 
Jacob Josi, 
Hans Bernard Wolf, 
Frederick Heiligas, 
Andrew Simmicrman, 
Philip Feruser, 
Hans Michael Pagman, 
Hans Serick Wigler, 
Hans Filkisyngcr, 
Sebastian Creef, 
Utins Adam Milder, 
Hans Jerig Wolf, 
Johan Habataker, 
Anspel Anspag, 
Hans Jerig Bowman, 
Alexr. Diebenderf, 

Sundry of these forrcigners 
qualified. 



Hendrick Meyer, 
Hans Jerig Anspag, 
Philip Sroygar, 
Elias Meyer, 
Johannes Leyb, 
Hans Jerig Milder, 
Pastor Springier, 
Hans Martin Wilder, 
Martin Prill, 
Peter Seytz, 
Johannes Ekman, 
Johannes Berret, 
Andrew Holtspan„ 
Tobias Frye, 
Joseph Welbrogt, 
Jacob Meyer, 
Abraham Thiirn, 
Hans Jerig Wiegle, 
Hans Jerig Craemen, 
Hans Jerig Rcler, 
Diodorick Roida, 
Philip Jacob Reylcnder, 
Ernest Roade, 
Philip Sietrler, 
Rudolph Wilke. 
lying sick on board never came to be 



PROVINCIAL COUNCIL. 



501 



Esq'rs. 



At a Council held in the Courtho. of Philadia., Septemr. 27th, 1727. 

PRESKNT : 

The Honbic PATRICK GORDON, Esqr., Lieut. Govr. 

James Lojian, Isaac Norris, 

Richard Hill, Sarr.l. Preston. 

A List was presented to the Board of the Names of Fifty three 
Palatines, who with their Families making in all about two hundred 
Persons, were imported into this Province in the Ship James Good- 
will, David Crockat, Mr., from Rotterdam, but last from Falmouth, 
as by the Masters Affidavit signed by the Officers of the Customs 
there, It appeared upon Enquiry that the Master had no particular 
License for their Transportation. They were then called in, and the 
several Persons whose Names are subjoyned, did repeat & sign the 
Declaration inserted in the preceeding Minute, vizt : 



Michael Sigrist, 
Michael Tanner, 
Joseph Schurgh, 
Hans Haggy, 
Jorgan Miller, 
Hans Leaman, 
Hans Langneker, 
Hendrick Aberlee, 
Raynard Jung, 
Jacob Wygart, 
William Wygart, 
Tewalt Leatherman, 
Hans Michael Kuntz, 
Jurg Michael Kuntz, 
Ulrick Stoupher, 
Ulrick Zugg, 
Peter Zugg, 
Barthol Sigrist, 
Abraham Abaci soil, 
Jacob Fritz, 
Adam Kiener, 
William Kiener, 
Hans Kiener, 
Christian Webber, 
Hans Michl. Fredler, 
Philip Schaberger, 



Jurg Steinio;er, 
Joseph Clap, 
John Adam Philple, 
Jurgh Clap, 
Lodowick Clap, 
Christian Miller, 
Jurgh Coch, 
Jacob Walter, Senr., 
Jacob Walter, Junr. , 
Christopher Kirkhof, 
Hendrick Schultz, 
Jacob Siegle, 
Jacob Gass, Senr., 
Jacob Gass, Junr., 
Frederick Gass, 
John Miller, 
Joseph Miller, 
Hans Miller, 
Hans Foster, 
Jacob Arnett, 
Paul Hein, 
Hans Hein, 
Baslian Merce, 
Michael Lybert, 
Jurgh Zengh, 
Jacob Ganwyer. 



Hendrick Wolfe, 

Mr. Logan acquainted the Board, that last night he received a 
Letter from John Wright, Esqr., one of the Justices of Peace of 
Chester County, giving Account that one Thomas Wright was killed 
by some Indians at Snaketown, forty miles above Conestogoe, which 
Letter, together with the Depositions of John Wilkins, Esther Burt 
and Mary Wright, and an Inquisition taken upon the dead Body 
were all laid before the Board. 



302 MINUTES OF THE 

The said Depositions being read, sett forth, that on Monday the 
Eleventh of this instant, September, several Indians, together with 
one John Burt an Indian Trader, and the said Thomas Wright, werer 
drinking near the House of said Burt, who was Singing and dancing 
with the Indians after their manner, that some Dispute arising be- 
tween one of the Indians and the said Wright, Burt bid Wright 
ivnock down the Indian, whereupon Wright laid hold of the Indian 
but did not beat him, that afterwards Burt struck the Indian several 
Blows wiih his Fist, that the said Wright and Burt afterwards retired 
into the House where the Indians followed them and broke open the 
Door, that while AVright was endeavouring to pacify them Burt called 
out for his Gun, & continued to provoke them more and more. That 
hereupon the said Wright fled to the Henhouse to hide himself whith- 
er the Indians pursued him, and next morning he was there found 
dead. The Inquisition on the Body setts forth, that the said Wright 
came to his Death by several Blows on his Head, Neck and Temples, 
which the Jurors say, they believe, were given him by the Indians. 

Jonas Devenport, who brought this Account, 6c was one of the 
Inquest, being called in and exammed, says, that he was informed 
by credible People living near the Place where the Murther was com- 
mitted, that John Burt sent for Rum to the Indians which they drank, 
and that he afterwards sent for more, that a Dispute arising between 
Burt & the Indians, the said Burt fiU'd his hands w'ith his own Dung and 
threw it among the Indians ; that it is generally believed if Burl had 
not provoked & abused them to so high a Degree the matter might 
be made up amicably, and that tho' it's very certain the Indians 
killed Thomas Wright, yet that the said Burt was the principal oc- 
casion of it. Being likewise examined of what Nation these Indians 
are, says, they are of the Munscoes Indians, who live on an Eastern 
Branch of Sasquehannah. 

The Members of the Board observed, that this was the first Acci- 
dent of the Kind they had ever heard of in this Province since its 
first Settlement ; And that tho' the Indians, who committed the Fact, 
had received very high Provocations, yet as a subject had lost his 
Life, It is absolutely necessary the Government should take Notice 
of & move in it, for that notwithstanding it will be difficult, as the 
Fact was circumstanced to call these Indians regularly to an Ac- 
count, yet some proper measures ought to be taken to make the In- 
dians in general sensible of the Outrageousness of the Action, & to 
oblidgethem to make such Satisfaction as the nature of the Case will 
admit of. It was hereupon further observed, that this Governmt. 
had been Ibrmerly happy above most ofour Neighbours, in preserv- 
ing a good understanding and an uninterrupted Friendship with all 
our Indians, which was effected by the just &. oblidging Measures our 
late Proprietor first took with them, by which he had greatly endear- 
ed them to himself and to this Government, & the Same Methods 
had been for Years constantly continued by Treaties with them, held 



PROVINCIAL COUNCIL. 303 

at a small Expence, for that the whole Charge, one year with an- 
other, had not exceeded the Allowance of Fifty Pounds pr. annum, 
which the Assemblies from time to time had formerly granted ; But 
that now for six years past, vizt : the five last years of the late Ad- 
ministration, & one Year since the present Governours arrival, we 
have had no manner of Treaty with our own Indians, upon which 
they think themselves slighted, & have complained of it on divers 
occasions ; That the late Assembly also, being sensible of this, by 
their Speaker accompanied by the whole House, when the last Bills 
were pass'd, had signified to the Governour that the House was de- 
sirous a visit should be paid the Indians as usual, & it was hoped, 
when the Season of the year would admit of it, Care would be taken 
to doe it, for which the Ensuing House would undoubtedly make a 
suitable Provision, since the late one of their own motion thought 
fitt to make such an Application. 

It was also observed that this unhappy Accident, occasioned by an 
Indian Trader, who in pursuance of the Law in being for regulating 
the Indian Trade, had last year obtained a Recommendation from 
Chester Court for a License clearly shews the Necessity of having 
that Trade, and the Qualifications of the Persons admitted to it more 
narrowly inspected, than is at present provided ; for that tho' this 
Burt had been recommended for a Licence, it was scarce possible to 
find a man in the whole Government more unfitt for it ; That it is 
manifest this Misfortune was owing principally to furnishing the In- 
dians with Rum, and that tho' the Law is very severe against the 
Practice, yet now that Liquor is once more become the principal Ar- 
ticle in some People's Trade with them, to the great Scandal, as well 
as Insecurity of the whole Governmt. against which, unless some 
more effectual Provision is made, the publick Tranquility will ever 
be in Danger ; All which is submitted to the Governours Considera- 
tion. 

The Fact under Consideration being further entered on. It is Re- 
solved, that the Indians being at this time generally abroad on hunt- 
ing nothing can be done with them till Spring, but that then it will 
be necessary to treat with them upon it. In the mean while, that it 
will be requisite that Burt should be apprehended & secured, and 'tis 
Ordered, that the Matter be recommended to the Chief Justice, that 
he may issue his Warrant for the takmg of him. 



At a Council held at the Courtho. of Philadia., Septr. 30th, 1727. 

PRESENT : 

The Honble PATRICK GORDON, Esqr. Lieut. Govr. 
James Logan, William Fishbourn, 7 p, , 

Richard Hill, Clement Plumsted. J ^^^q rs. 

A List was presented to the Board of the Names of Seventy Pala- 
tines, who with their Families, making in all about Three hundred 

VOL. m. 



304 



MINUTES OF THE 



l^ersons, were iinporteJ in the Ship I\Ialley, Jno. Hodgeson, Master, 
from liotterdam, but last from Deal, as by a Clearance from the 
Officers of the Customs there, It appeared upon Enquiry that they 
were come hither with an Intention to settle in this Province, and 
that the Master had no Special License for their Transportation. 
They were called in, and the Persons whose names are subjoyned, 
did repeat and Subscribe the Declaration insened in the Minute of 
the 2 1st Instant, viz : 



Hans Erick Ovver, 
Francis Stouper, 
Hans Stouper, 
Hans Jacob Bender, 
Michael Spooner, 
Hans Erick Keel, 
Hans Erick Heyrigcr. 
Lutterick Vellerey, 
Hans Ower Parent, 
Letterick Pieter, 
Hans Adam Soulder, 
Hans Michael Smith, 
Johannes Sneydcr, 
Andreas Elicks, 
Porcas Hoffman, 
Felix Goadts, 
Johannes Ciowse, 
Wey-in Teale, 
Michel Sebastian, 
Augustin Weder, 
Mans Lenord Hoffman, 
Hans Teyger, 
Martin Hosuer. 
Hendrick Penhort, 
Hendrick Fultz, 
Hans Erick Teluer, 
M erick Foux, 
gtephanus Raper, 
Erick Lutwich Zell,. 
Samuel Baire, 
Hans Rinck, 
Hans Erick Sheillinberg, 
David Marten, 
Jacob Marten, 
Henrick Hoffman, 



Jost Moyser, 
Christian Moysor, 
Ulrick Sheiilinbergen,. 
Michel Schenk, 
Christian Waltone, 
Hans Moyser, 
Hans You, 
Jacob Shir, 
Hans Erick Crable. 
Henrick Meyer, 
Michel Crable, 
Samuel Overhoulster, 
Felton Younge, 
Jacob Roust, 
Hans Cooble, 
Jacob Baer, 
Hans Funck, 
Michel France^, 
Peter Goadts, 
Christian Solderman, 
Samuel Good, 
Jacob Hower, 
Rodulph Landish, 
Rodulph Baine, 
Martin Kindegy, 
Jacob Wanner, 
Orick Leepe, 
Christian Willand, 
James Miller, 
' Martin Kearstucker, 
John Mather Euger, 
Johannes Pealer, 
Hans Miller, 
Hans Mickle, 
Hans Erick Felter. 



Esq'rsc 



PROVINCIAL COUNCIL. 305 

At a Council held at Philadelphia, October 2cl, 1727". 

FRKSKNT : 

The Honbie PATRICK GORDON, Esqr., Lieut. Governour, 
Richard Hill, Clemt, Plumsted, 

Willm. Fishbourn, 

A List was presented to the Board of Fifty three Palatines, who 
with their Families, making in all about one hundred and forty Per- 
sons, were imported in the Ship Adventure, Jno. Davies, Master, from 
Rotterdam, but last from Plymouth, as by Clearance from the Officers 
of the Customs there, It appeared upon Enquiry that the Master had 
no particular License for their Transportation. They were then 
called in, & having declared that thej intended to settle & live peace- 
ably in this Province, the several Persons whose names are Subjoyn- 
ed, did repeat & subscribe the Declaration inserted in- the Minute of 
the 21st of September last, viat : 

Michael Miller, Frans Baltzar Frans, 

Joannes Radler, Joannes Cortes, 

Joannes Layman, Nicolas Crou, 

Casper Veye, Palzer Lyme, 

Jacob Lydie, Jacob Wihelmus, 

Jacques Simonel,. Ulrick Ryser, 

Michael Keysar,. Joan Carlo Horlaeker, 

Joannes Ulrick, Nicolas Keysar, 

Hans Adam Oser, Johannes Peter HofF, 

Peter Shilling, Christopher Ulrick, 

Mathias Ryseling, Chiistian Bikler, 

Jacob Bowman, Johan Jacob Hoffman, 

Peter Roole, Daniel Bowman, 

John Seyham, 



At a Council held at Philadia., October 4th, 1*27. 

PRESENT : 

The Honbie PATRICK GORDON, Esqr., Lieut. Governour. 

James Logan, William Fishbourn, "] 

Isaac Norris, Samuel Preston, I Esquires 

Richard liiH, Clement Plumsted. J 

The Governour laid before the Board the several Returns of She- 
rifs & Coroners, elected, this present year for the respective Counties 
of this Province, & desired the Advice of the Members present in his 
Nomination, which is as follovves : 

For Philadia. City & County : Owen Owen &; Isaac Leech being 
returned for Sherifs, and Joshua Fincher & .Tacob Leech for Coroners, 
Ovren Owen is appointed Sherif, & Joshua Fincher Coroner. 



306 MINUTES OF THE 

For Chester County : John Taylor & PhiHp Taylor being returned 
for Sherifs, and Abraham Darlington & Jno. Mendenhall for Coro- 
ners, John Taylor is appointed Sherif & John Mendenhall Coroner. 

For Bucks County : Thomas Biles & Joseph Lupton being returned 
for Sherif, & Jonathan Woolston & William Atkinson for Coroners, 
Thomas Biles is appointed Sherif & Jonathan Woolston Coroner. 

And Commissions are accordingly ordered to the said Persons 
for their respective Offices, the Sherifs giving Security in the Rolls 
Office as the Law directs. 

The day following out of Council, Returns being made of the Elec- 
tions of Sherifs & Coroners for the Counties of Newcastle, Kent & 
Sussex upon Delaware, the following Persons were appointed. 

For Newcastle County : John Gooding and William Battell being 
returned for Sherifs, and Morgan Morgan &, Joshua Story for Coro- 
ners, John Gooding is appointed Sherif & Morgan Morgan Coroner. 

For Kent County ; 'William Rodeney & Thomas Skidmore being 
returned for Sherifs, & Samuel Berry & Edward Jennings for Coro- 
ners, Thomas Skidmore is appointed Sherif & Samuel Berry Coro- 
ner. 

For Sussex County ; Rives Holt & Peter Adams being returned 
for Sherifs, and Samuel Davies and John Russell for Coroners, Rives 
Holt is appointed Sherif & Samuel Davies Coroner. 



At a Council held at Philadia., October 14th, 1727. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governour. 
James Logan, William Fishbourn, ) p , 

Richard Hill, Clement Plumsted. S ^^ '"^' 

The Representatives of the Freemen of this Province elected the 
1st instant, being this day mett in Assembly, in pursuance of their 
Charter & the Law in that case made & provided, M^aited on the Govr. 
to present to him their Speaker. 

And accordingly David Lloyd, Esquire, addressing himself to His 
Honour, acquainted him that the House had been pleased to chuse 
him to be their Speaker, but hoped the Govr. would recommend to 
them another Choice, there being so many other Persons of greater 
Abilities for that Office; To which the Governour answered that He 
would always have a great Regard for the Houses Choice, & there- 
fore could not but approve of their present one. 

Then the Speaker, in the Name of the House, desired that the Go- 
vernour would protect them in their Rights & Privdeges, putt a fa- 
vourable Construction on their Proceedings, and grant the Members 
of Assembly free Access to His Presence, when sent to him by the 
House, Which the Governour very readily promised, & then the 
House withdrew. 



PROVINCIAL COUNCIL. 307 

At a Council held at theCourtho.of Philadia., Octr. 16th, 1727. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governour. 
Richard Hill, William Fishbourn, P ^ • , 

Samuel Preston, Clement Plumsted. 5 

A List was presented to the Board of the Names of Forty six Pa- 
latines, who with their Familes, making in all about Two hundred 
Persons, were imported here in the Ship Friendship of Bristol, John 
Davies, Mr., from Rotterdam, but last from Cows, as by Clearance 
from the Officers of the Customs there, bearing date the 20th day of 
June last, It appeared upon Enquiry that there was no Special Li- 
cense granted for their Transportation, & that they are come hither 
with a Design to settle in this Province. They were then called in, 
& the several Persons whose names are subjoyned did repeat & sign 
the Declaration inserted in the Minute of the 21st of September last. 

Peter Tagman, Hillis Castle, 

Joannes Forrer, Jerem Miller 

Andreas Swartz, Albrecht Bowman, 

Henry Strickler, Hans Jerig Miller, 

Jacob Histant, Nicholas Bogart, 

Jno. Histant, Hans Jerig Hoffman, 

Abraham Swartz, Nicholas Crosman, 

Christian Meyer, Mathias Swyzer, 

Joannes Feyseg, Peter Wilde, 

Peter Pixseler, Jacob Sneppelen, 

Hans Reser, Philip Reemer, 

Peter Leeman, Palatine Gratz, 

Hans Jerig Lowman, Henry Sneppeley, 

Christian Crorebit, Vincent Mayer, 

Martin Schaffenes, Henry SchenhoU, 

Henry Lier, Joannes Hosle. 
Adam Lepert, 



At a Council held at Philadia., October 19lh, 1727. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governour. 
James Logan, William Fishbourn, "] 

Richard Hill, Clement Plumsted. lEsq'rs. 

Isaac Norris, J 

The Governour informed the Board, that the Assembly of this 
Province had lately drawn up an Address to His Majestic, on His 
happy Accession to the Throne of Great Britain, in which he would 
have concurred had the House been willing to have made some Alte- 
rations in the Stile & manner thereof, which he conceived was not so 
proper from him. 



SOS - MINUTES OF THE 

And therefore said, he was now to propose an Address in his own 
& the Name of this Board, as a Mark of their Loyalty & Affection 
to His Majesties Sacred Person & Government, a Draught whereof 
he had prepared, &, hoped the Board would agree thereto, which 
being read, is in these words. 

" TO HIS MOST EXCELLENT MAJESTY GEORGE THE 
"" SECOND, by the Grace of God, King of Great Britain, France & 
" Ireland, Defender of the Faith, d:c. 

" The Humble Address of the Lieutenant Governour of the Pro- 
■" vince of Pensylvania, & Counties of Newcastle, Kent & Sussex 
** upon Delaware, and Council of the same. 
^- MOST GRACIOUS SOVEREIGN; 

" Tho' the peculiar Indulgence of Heaven to the Britisii Nation, 
*' in calling the most Illustrious House of Hannover to the Posses- 
*' sion-of its Throne, could not but deeply affect with the Sincerest 
" Gratitude every honest Subject, who had the Safety, true Interest, 
'" & Honour of their Country at hearc, in being made Sharers of so 
" continued a Series of Blessings Showr'd down on them thro' the 
"" wise &- just Administration of Your Royal Father ; Y'^et with Hearts 
'• more dilated & Joy more extensive, do we behold His Royal Issue 
" in \ our Majestys Sacred Person succeed to the same Throne, as 
" the Surest Pledge of the Divine Will to perpetuate with a happy In- 
" crease, the same Mighty Blessings to all the British Dominions, 
" in Y'"ourself and Your Posterity forever. 

^' Your Majestys most Consummate Prudence so largely shewn in 
"•' your whole Conduct, while only our Prince, and that Cordial Af- 
" fection,yourself & most Excellent Consort on all occasions expressed 
" to those over whom Heaven designed you should reign, together 
'' with the repeated Assurances Y^ou were graciously pleased to give, 
" by the first & earliest Opportunities of your Purpose to make the 
" Happiness of your People the only Rule of your Government, 
" must so iirmly unite the Hearts of all your Subjects to your Sa- 
" cred Person, & so fill them with Excess of Joy, that nothing can 
" add to their present Happiness, but the just Hope & Expectation 
^' that every Day, under so auspicious a Reign, will administer fresh 
" Occasions to strengthen &; yet more firmly established the same. 

" Of these inestimable Blessings, dispensed by Divine Providence 
•' through Your Royal Hauds from the Treasuries of Heaven, whose 
"'infinite Goodness therein We most humbly &- gratefully adore ; 
*' We in the Recess of your Dominions being duly Sensible, tho' in 
" a remote Sphere, yet with Hearts as Loyal and full of a sincere 
" Affection as can animate those who move in the nearest to your 
" Glorious Rayes, doe gladly Embrace this Opportunity, by the only 
" Method ai our Power to lay ourselves at your Royal Feet, & with 
" Hearts prostrate to Heaven implore the Sole Fountain of all Bles- 
•' sings to pour down the Choicest, the best & most solid on your 
" Sacred Head, on your beloved Consort our Gracious Queen, & 



PROVINCIAL COUNCIL. 309 

'* those darling Pledsres of Your Mutual Affection & of the Nations 
" Happiness, Your Royal Issue, of whom We heartily pray there 
" may never be wanting one equally stock'd with the Vertues of the 
" August Hannoverian Family in all Ages to come to strengthen & 
" adorn the British Throne." 

The Board unanimously concurred with the Governour in the sense 
& meaning of the said Address, and only excepted to the Stile &. Lan- 
guage as improper to their Profession to use. The same was then 
ordered to be transcribed & signed by the Governr. , who undertook 
to transmit it by the first opportunity. 



At a Council held at Philadia., Janry. 23d, 1727-8 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governr. 

Samuel Preston, Clement Plumsted, ^ Eso'r^ 

William Fishbourn, i 

The Governour laid before the Board a Speech in Writing wch he 
intended to make to the House of Representatives, &; desired the 
opinion of the Council thereupon. Which was approved of by the 
Board. & the House of Representatives being sent for, attended with 
their Speaker, to whom the Governour spoke as follows: 
" Mr. Speaker & Gentlemen of the House of Representatives : 

" At your first Meeting after the Election, you had the opportunity 
" of expressing your Zeal & Affection, in the Name of the Inhabi- 
" tants of this Province, to His Most Excellent Majesty King George 
" the Second, upon His Happy Accession to the Throne of His Royal 
" Ancestors ; And now being mett on your Adjournment from that 
" time to proceed on the Business of the Country, I must in the first 
" place give both myself & you the Pleasure of observing the Har- 
" mony & Unanimity, which have appeared amongst People of all 
" Ranks on that great occasion, where the only Contention is, who 
" shall be most forward in expressing an entire Satisfaction in that 
" happy Establishment lo which they owe every thing that's dear to 
" a free People, with a full Depcndanceon His Majesty's Care for sup- 
" porting them in their highest & greatest Concerns; And as this 
" certainly procures Peace at home, & will best secure the British 
" Interest abroad, it may justly be looked upon as the happy Presage 
" of a Reign equally glorious to His Majesty, and beneficial to all 
" His Subjects. 

" And therefore I shall not in the least doubt of our following this 
" great Kxample of our fellow Subjects at home, in pursuing the 
" Ways of Peace, Concord &l Amity, as the only sure means of pro- 
" curing and continuing to ourselves and Posterity a solid & lasting 
" Blessing on our honest Endeavours. 



310 MINUTES OF THE 

" My Conduct hitherto, I am perswaded, will witness for me, that 
*' I have no pjivate Views of my own nor Ends to gain, and that I 
" have had nothing more at heart than the real Interest of the Colony. 
" Were not this my indispensible Duty, as w<^]\ as Inclination, I am 
" strictly enjoyned by our worthy IVoprietors to do every thing that 
" lies in me to promote the true Interest of the Province; And I take 
" this opportunity again to assure you, I shall always, while I have 
" the Honour to be at the Head of the Administration, find a most 
" sensible Pleasure in concurring with you in every thing that may 
'• conduce to the true Benefit & Advantage of the good People you 
" represent. 

" What the Service of the Publick requires will naturally fall 
^' under your Notice, I shall only here recommend to you Unani- 
*■ mity & Dispatch in all your affiiirs, & what further may occur 
" shall be commvmicated to your House by Message." 

The Governour then acquainted the Speaker, that he had taken 
Care to forward the Houses Address to His Majesty by the first op- 
portunity afier their last Sessions, And the Speaker having obtained 
a Copy of the foregoing Speech the House withdrew. 



At a Council held at Philadelphia, April 2d, 1728. 

rRKSENT : 

The Honble PATRICK GORDON, Esqr., Lieut, Governour. 

William Fishbourn, ? -p , . 

Clement Plumsted, ^ " ^' 

Present also, at the Governours Desire, Thomas Laurence, Esqr., 
Mayor of the City, & Andrew Hamilton, Esquire, Recorder. 

The Governour acquainted the Board, that two Ships being lately 
arrived in this River, from Bristol in Great Britain, vizt : the Doro- 
thy, John Bedford, Master, & the Pharoah, Thomas News, Master, 
with several Passengers on board, and a Report having been spread 
that several Persons had died on board the Ship Dorothy of a malig- 
nant Fever, he had given orders that both the said Vessells (as commg 
I'rom the same Place) should not come near this City, until they were 
first visited; And that by a Warrant under his hand & seal, directed to 
Doctor Thomas Grteme & Doctor Lloyd Zachary, Physicians, he had 
empowered them to visit the said Ships, «Si make Strict Enquiry into 
"the fetate & Condition of Health of those on Board & to make Report 
thereof And that now the said Physicians having made their Report 
to him in writing, he had thought proper to call as many of the 
Council as were in Town, together with the Mayor & Recorder, to 
Say the same before them for their opinion & advice. 

Which Report being read, setting forth, that severals on board the 
Ship Dorothy had been seized with a malignant Fever, of which 



PROVINCIAL COUNCIL. 311 

some were oead, a good many recovered, & a few still ailing, and 
that they conceived it proper to order a Removal of all such as are 
in the least ailing into fresh air, with other Conveniences; And fur- 
ther, that having visited the Ship Pharaoh, they find all on board in 
g-ood Health, And the said Physicians attending were called in, & 
confirmed their Report, vizt: Dr. Gra'cne on his Oath & Dr. Zacha- 
ry on his Affirmation, and likewise added, that from what they had 
learnt of those now sick on board the Ship Dorothy, fifteen Persons 
had died of this Fever in the Passage. 

The Board taking the same into their Serious Consideration, & 
having jierused An 7\.ct of this Province, Entituled An act to prevent 
Sickly Vessells from coming into this Government. Ordered, that 
the said Ship Dorothy come not nearer than one Mile to any of the 
Towns or Ports of this Province, and that the Master or Owners of 
the said Ship do not presume to land any Goods, Passengers or Sail- 
ors, from on board her at Philadelphia, without License first obtained 
from this Board, under the Penalty in the said Act mentioned; And 
that the Sherif of Philadelphia serve the Master or Owners of the 
said Ship with a Copy of this Order ; And further, that the be re- 
quired to provide some convenient Place at the Distance aforesaid 
lor the Reception of those Persons, who are still sick on board, that 
proper care may be taken for their Recovery. 

'Tis further Ordered, that the Ship Pharoah be admitted to Enter 
& Land at Philadelphia the Goods & Passengers now on board her. 



At a Council held at Philadia., April 11th, 1728. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governr. 

Isaac Norris, William Fishbourn, ^p 

Samuel Preston, Clement Plumsted. ^ i^squires. 

Upon the application of Mr. Thomas "Willing, Merchant, part 
owner of the Ship Dorothy, and the Report of Doctor Thomas Graeme 
& Doctor Lloyd Zachary, Physicians, setting forth that they had of 
new visited the said Ship, and that no Person on board had been 
seized with any malignant Fever since their arrival in this River, 
(Delaware) and that no Person now on board labours under such 
Symptoms as can denote him or her at this time aiTected with the 
said Distemper, but that all the said Ships Company are now in good 
Health, with Exception to those concerning whom they made their 
former Report, who have ever since been seperated from those now 
on Board. 

'Ti3 Ordered, that the said Ship Dorothy be allowed to Enter & 
putt on shore at Philadelphia the Goods & Passengers on board, due 

26 



312 MINUTES OF THE 

Care being had, that before the said Vessell come up to Philadia., 
all the Bedding be putt ashoar al a convenient Distance from the 
City, there to be aired, and that the said Vessell be smoaked with 
Tobacco & washed with V^inegar, & that the Bales of woolen Goods 
on board remain some time exposed to the Air on Deck before land- 
ing ; and further, that the said 8hip ly out in the Stream of the River 
& not come near any Wharf till she is sufficiently cleansed, of which 
the Owners & Master are to take Notice and Govern themselves 
accordingly 



At a Council held at Philadia., April 18th, 17£8. 
I present: 

The Honble PATRICK GORDON, Esqr., Lieut. Governr 
James Logan, Samuel Preston, 



Isaac Norris, Clement Plumsted. 



Esq'fs. 



The Governour informed the Board, that James Lelort an Indian 
Trader, was lately come to town from Chenastry, on the upper parts 
of the River Sasquehannah, to acquaint this Government with a 
matter he had been informed of by Mistress Montour, who had mar- 
ried the Indian called Robert Hunter, & was here with her said hus- 
band last summer in Company with those of the five Nations who 
had visited us then, the Import of which is. That the People of the 
five Nations had seat to the Miamis Sz Twechtweys, called also the 
naked Indians, settled at the Western End of the Lake Erie within the 
french Claims, desiring them to engage and take up the Hatchet of 
War against the English & Christians, and that the said Letort was 
now attending, who being called in & examined on Oath, gave the 
followiiig account. 

That intending last Fall to take a Journey as far as the Miamis 
Indians or Twechtweys, to trade with them, he had corsulted Mrs. 
Montour a French Woman, Wife to Carondowana, about his Journey 
thither, who having lived amongst & having a Sister married to one 
of that Nation, he believed might be a proper Person to advise him, 
and that she seemed very much to approve of the same, upon which 
he proposed that she & her husband should goe along with him, 
which she readily agreed to, and that she appeared very chearfuU & 
desirous to undertake the Journey. 

Rut that'having waited long at Chenashy for one who had engaged 
to accompany him, the Winter Sett in before they could proceed, 
that the Frost breaking up, he thought it proper to advise with Ma- 
nawkyhickon, an Indian Chief of Note in those Parts, & acquainted 
him with his Intention, that he might also have our Indians Approba- 
tion, but that the said Chief discouraged him, telling him he might 



PROVINCIAL COUNCIL. 3 1 3 

happen in his way to see some white Heads, who come to hunt not for 
ykius but for Flesh & Scalps, tliat would frighten him, & asked him 
if he did not know that all these People (the Delaware Indians) who 
were hunting at AUefranv were called home ; That talkinfr after- 
wards with Mistress Montour about their intended Journey, she told 
him she could not goe with him for that she had heard some News 
that he was a Stranger to, with which she would acquaint him, but 
he must by no means lett it be known that she was his Author, & 
then proceeded to relate to him, That a Delaware Indian Woman, 
whose son had been killed some time ag(je by a Shawenese, had 
brought Manawkyhickon a long Belt of black Wampum of twelve 
Rows, desiring that my means thereof her Tears might be wiped 
away, that Manawkybickon had sent this black Belt to the five Na- 
tions, and that the live Nations sent the same to the Miamies, with a 
Message desiring to know if they would lift up their Axes, tSi joyn 
with them against the Christians, to which they agreed, that here- 
upon Manawkyhickon had sent foin- Belts of Wampum to those ot 
his Nation who were abroad hunting, ordering them quickly to re- 
turn home; And Inis Examinant further says, that meeting Manaw- 
kyhickon again after this Information, he desired that Indian, as his 
old Friend, to tell him what News he heard or knew, but that he 
would tell him nothing ; that hereupon the Examint. told him what 
he had heard both of the four Belts sent to our Indians, and of the 
black Belt sent by the five Nations to the Miamies, at wch the In. 
dian appeared surprized, admiring who could inform him of these 
things, but that at length He (Manawkyhickon) own to him that both 
these were true ; And this Examinant says likewise, that having ac- 
quainted Mrs. Montour with his Design of communicaung what she 
told him to our Governour, they answered he might do so, lor it was 
with that Intention she had acquainted him with it. 

The Examinant further says, that this Manawkyhickon was a near 
delation of Wequeala, who was hang'd last year in Jersey, that he 
much resented his Death, & went immediately after to the five Na- 
tions, with whom he has long had an acquaintance & Interest, & is 
great with their People, lie adds also, that in the parts where he 
lias been on Sasquehannah, he mett with some Indians of the five 
NaJon lately come from thence, who told him, on his enquiring of 
tliem for News, That the French Governour, at his Return to Mon 
treal last year from New York, where he went about the new Fort 
built by the English near the Lakes, sent for the Chiefs of all the 
Nations about Canada in Alliance with the French, & told them he 
wanted them to pull down a certain House that had been lately built, 
But the Chiefs answered, that could not be his Business with them to 
pull down a House, if he wanted them to goe to War that he should 
tell them so. The Governour answered that he could not say that, 
but would send them to the Chief Governour at Quebeck, who would 
give them an answer, that the Governr. of Quebeck received them 
very kindly, & sent them back with a Letter to the Governour of 



314 MINUTES OF THE 

Montreal, who told them on Receipt of that Letter, that they, vizt : 
the Governours would write to their Master the King of France, & 
desired the Indians in the mean time to go home & be in a Readiness 
till the Kings orders came. 

This Examinant further says, that enquiring of Allummapees, an- 
other Chief of some Indians on Delaware concerning these matters, 
the said Indian declai-ed he was wholly ignorant of them all, & that 
he had delivered to the Examinant a small belt of Wampum to he 
. presented to the Governour, which was laid on the Table, as a Token, 
that neither he nor any of his People knew of any of these Designs. 
That he had further enquired of some others of our Indians, who 
made the same Answer, & in like manner had sent the Governour a 
small peice of Wampum to testify the same, vizt : that they were 
innocent & ignorant of the whole. 

The Board having coisidered this Examinatioii, are of opinion, 
that there is no great Dependance to be had on this Information of 
Montours ; However, that it will be adviseable to make further Inqui'' 
-Ties, that in case there should be any Foundation for the Story it 
may be Known as soon as possible. In the mean time it was again 
observed to the Governour, as it had been in September last, that the 
present Circumstances of our Affairs with the Indians rendered it 
necessary, that these People should be taken Notice of &, visited by 
the Governour; To which the Governour was pleased to say, that 
he should be ready to undertake the Journey, whenever he can be 
informed, (which Mr. Wright had undertaken) that the Indians were 
returned from hunting, for he understood there were scarce any In- 
dians at present at or about Concstogoe, & that as soon as it was 
practicable, nothing should be wanting on his part to establish ds 
confirm the good Understanding that had hitherto subsisted between 
this Government & these People. 

The Treasurer hereupon observed, that he had very lately attend- 
ed the Committee of Assembly with his Accounts in order to settle 
them, but that they would by no means allow of the Articles of his 
Disbursements for defraying the Charges of the Treaty held with 
those of the five Nations at Philadelphia in July last, which had been 
examined by this Board, & recommended by the Governour to the 
House, that they alledged for a Reason, that the Treaty had not 
been laid before the House. 

The Clerk answered, that by the Governours order he had ac- 
quainted the House, that the Treaty was ready to be laid before them 
whenever they should think fit to call for it, but that he was inform- 
ed such Treaties had not usually been laid before the House, but at 
the desire of the Assembly, unless it were particularly so ordered by 
this Board. 

It was further observed, that this Government might at sometimes 
lie under great Disadvantages, if on any Emergency, as Visits from 
the Indians, or necessary Messages to them, no money could be had 
from the Treasurer to defray the Expence. 



PROVINCIAL COUNCIL. 315 

The Governour was therefore requested to putt the House in mind 
of these Itlxigencies, that a suitable Provision might be made for 
them; And that all Indian Treaties having been so long intermitted, 
there would now be occasion for some considerable Advance, if the 
Governour should meet both the Indians on Sasquehannah & those 
on Delaware, for whicii there seemed to be an equal Necessity, for 
that they now generally thought themselves slighted. 

It was then Ordered, that three Matchcoats be given to James 
Letort 6z; John Scull, to be by them delivered to AUummapees, Mrs. 
Montour & Manawkyhickon, & that a proper Message be drawn up, 
that the Indians may be induced to discover what they Know touch- 
iuQ; the Information now n;iven. 



} 



At a Council held at Philadelphia, April 25th, 1728. 

TRK^ENT ; 

The Konble PATRICK GORDON, Esqr., Lieut. Govr. 

James Logan, Samuel Preston, 

Richard Hill, Clement Piumsted. [►Esquires. 

Isaac Norris, 

The Governour acquainted the Board, that Eight Members of As- 
sembly having withdrawn themselves from the House, there was not 
a sufficient number left to make a Quorum, so that the Assembly was 
oblig'd to break up on Saturday the 20th Currt., at which time he 
received a Representation from the Speaker & the Members remain- 
ing in the House, which he now laid before the Board, & is as fol- 
io we s ; 
TO THE HONBLE PATRICK GORDON, ESQR, &c. 

" It is with Concern that we are obliged to trouble the Governour 
" upon this occasion, &, to acquaint him, that nothing less than the 
'• Preservation of the Rights & Privileges of the Freemen of Pen- 
" sylvania could induce us to make the following Representation, 
" wherein some of our own Members may seem to be treated with 
" more Freedom than is decent to be used to Persons, who being 
" chosen to represent their Country, were presumed, at least by their 
" Electors, to be Men of Sense, Honour and Integrity, and we wish it 
*' were in our Power to say what is proper upon this occasion with- 
" out even so much as naming them, yet what is said proceeds not 
" from any Disrespect to their Persons but the mere Necessity of 
" Speaking Truth. 

" By our Constitution the Assembly ofPensylvania is to consist oi 
" twenty six members, & two thirds of that Number make a Quorum. 
" Since our last Session in January, Daniel Williamson, one of the 
" Reprosentatives for the County of Chester, is dead, Christopher 

VOL. III. 



816 MINUTES OF THE 

' ' Vanhorn, one of the Representatives for Bucks County is indisposed, 
" so that he could not attend the House at this time, And Sir WiU 
" Ham Keith, one of the Representatives for the County of Philadia., 
" being called to Great Britain upon Affairs of Importance, (as 'tis 
" said) his Absence has been excused by the House. And so the 
" Assembly consisting of twenty three Members, which in the Sense 
" of the Law is a full house, have since their meeting on the 15th of 
" this instant proceeded, as usual, in such Business as was laid before 
" them, untill this Day, when the Speaker being in the Chair & the 
" House called over, it appeared that Eight of the Members for the 
" County & City of Philadia., vizt : Jno. Kearsly, Thomas Tresse, 
" Job Goodson, Willm; Monington, Lod Christian Sprogell, Thomas 
'• Rutter, Jno. Swift & Edvvard Horn, were absent; And the Door- 
" keeper delivered a Letter to the Speaker, the same was opened, & 
" it being address'd to the Speaker & the Members of Assembly then 
" present, the same was delivered back to the Doorkeeper, with 
" orders to acquaint the Persons who delivered it to him, that if they 
" intended that Paper should be read, it must be brought into the 
" House by some of the Persons who signed the same, or introduced 
•' by some of our own Members according to the order of the House. 

'' It was moved & agreed to by the Members then present being 
*' Fifteen, that the Doorkeeper should call in the Eight absent Mem- 
" bers, who returned & said, he had delivered the Message from the 
" Speaker, & that he received for answer from them, that when their 
♦' Demands contained in the beforementioned Paper (which was then 
" in their own custody) were comply'd with they would then come 
" to the House. But this Answer not being understood by the 
" Speaker nor the sitting Members, they never having read that 
" Paper, the Doorkeeper was again sent to require the said absent 
" Members to repair to the House immediately to attend the Service 
" of the Country, & likewise to acquaint them, that the Speaker & 
" the Members in the House were altogether ignorant of the Contents 
" of that Paper; To which we had for answer by the Doorkeeper, 
" that the Eight Members returned their humble Respects to the 
" Speaker &i the House, & desired him to say that they retained 
" their Resolution, & we might have that Paper if we would send for 
" it. Yet beintr unwilling to believe they had any Design of disa- 
" bling the House to proceed upon the Business of the Country, we 
" waited from 11a clock in the forenoon to 6 in the afternoon 
" this day, expecting their Prudence would lead them to return to the 
" Service of their Country, but being informed that sundry of them- 
" selves out of Doors had said, they did not design to give any fur- 
" ther attendance in the House. We do now humbly beg leave to 
" represent this Conduct of the said Eight Members as most unwar- 
" rantable and unprecedented, in Breach of their Known Duty to 
*' their Countrej, & tending to the Subversion of the Constitution, 
•* as much as in them lies. 

" But when we see those Men have not the Power to hurt, much 
" less to destroy our happy Establishment, but by their Willfull Ab- 
" sence, (which they weakly imagine can dissolve this Assembly) to 



PROVINCIAL COUNCIL. 317 

" give some small Interruption to the Business of the Country, it is 
" no small Satisfaction to us that we Know the Design can easily be 
" disappointed, & a proper Remedy apply'd with the Govern rs. Assist-' 
" ance; We therefore, the Speaker & sitting Members of the As- 
" serrjbly of Pensylvania, who are by far the greater Part, have 
" agreed lo & do humbly request that the Govr, will be pleased to 
" call together all the Members of the present AssembI)' to attend 
" the Service of the Country, as soon as will suit with his Conve- 
" niency, after his Return from attending the Service of the three 
" lower Counties. And as this Resolution tends evidently to the 
" Preservation of the Constitution, & especially the legislative Au- 
" thority of this Province from the Designs of ill disposed Persons, 
" We depend upon the Govr. giving his ready and lawful! Assistance 
" to the House of Assembly in this reasonable and just Request. 

DAVID LLOYD, Speaker. 

The Governour likewise laid before the Board the Representation 
of the said Eight Members, which had been delivered to him on the 
23d Currt. by four of their Number, & was now read in these words; 

" To the Honourable Patrick Gordon, Esqr., Governour. 
" May it please the Governour : 

" We, the Governours most dutifull and assured Friends do esteem 
" 11 a favourable Presage of future Happiness to this Province that 
" we are governed by a Gentleman, whose views do so evidently 
" appear consistent with Civil Liberty, which effectually secures to 
" every man the quiet Possession of what he esteems moat dear to 
" him. 

*' And as it has been the W^ill of our Constituents that we should 
" represent them in a Legislative Capacity, in which we had the 
" Pleasure to see the Governour appear at our head. We think it our 
" Duty to give him a true Narrative of the late Difference betwixt 
*' us and our Fellow Representatives about Electing a Member in 
" Place of Sir William Keith, who is departed out of this Province 
" for Great Britain. 

" It will not consist with the strict Rules of the House to expose 
" the Several Proceedings and Debates which attended that Affair, 
" but this we may assure the Governour, no Parliamentary Procedure 
" was ever more regularly carry'd on by the Members of the County 
" for which he was one of the Representatives, than the steps they 
" took to represent the Necessity of a Member to supply his Vacancy. 

" They produced a Letter under his hand, & would have produced 
'• more as well as other Evidence if required, to prove that he was 
" gone to Great Britain, with other Letters, in which he declared his 
*' Intent of not returning in less than twelve or fourteen Months, with 
" his Desire that a Member might be Chosen to supply his Place, 
" which Request in Parliament is look't upon as a Sufficient motive 
•' for the Speaker to issue out his Warrant to the Clerk of the Crown 
" for Electing a new Member in Place of one incapable of serving, 
" they moved for a new Election, &, declared Sir William will- 
•* fully absent according as the Law of this Province doth provide 



318 MINUTES OF THE 

" & direct. They renewed their Motion next day, & represented 
" the Breach of Privilege & Violation of Law such a Refusal would 
" produce, which appears from the aforesaid Law entiluled An Act 
" to regulate Elections, &c., which Law allows & appoints each 
" County Eight Members to represent them in Assembly, but this pro- 
" duced no better effect than a vote expressly to the Contrary, & find- 
" ing byithis & many more particulars, which we are herein obliped 
" to omitt, which sufficiently shewed that they were fixed in a Rcsolu- 
" tlon destructive (as we conceive) of Riglit & Privilege; We resolved 
" thcjefore to retire for some few hours & to send them the inclosed 
" Dissent, hoping b_y this means to move them to a more calm & 
" prudent Consideration of this weighty Point, but so far have they 
" been from making the least offer towards reconciling the Difference, 
*' that they dis|7ersed themselves without giving us the least Notice, 
" so that we were left late within Night, destitute of an opportunity 
" to conclude on Methods to avoid the Trouble which such a preci* 
" pitant act must necessarily give the Governour, in making out 
" Summons's to recall the House to the Business of the Country. 

" We are very sensible that Differences of this Nature must be 
■" very unpleasant to the Governour, as well as offensive to the Coun- 
" try, but we hope when a true State of the Case is fully known, & it 
" appears from whence the Offence arises, We shall no longer fear our 
" Country's Disapprobation, or the Governours Displeasure with our 
" Conduct. 

" We do in the most sincere manner declare to the Governour, 
*' that the real Sense we have of his good Inclinations for the Wei- 
"■• fare of the Province is such, that we should think ourselves the 
" worst of Men did we project any Schemes, or raise any needless 
" Controversies that might disturb his Ease or injure the Interest of 
" his Family. The person that is proposed by some to succeed Sir 
•■' William Keith we have no Regard to in this Controversy, but in 
"the opinion of most of us that calm, easy & unprejudiced Proce- 
" dure which ought to be maintained in a Representative Body, is 
" too often broke in upon by some men, who by Custom ^- Use have 
" contracted such Habits of haranguing at the Bar, as seem insensibly 
" to lead them into a Neglect of the decent Orders and Rules of As- 
" sembly. 

" We pray the Governour will excuse this Trouble, & beg Leave 
" to assure him we shall at all times, whenever it is in our Power, 
" study to convince him that we arc fully perswaded the Interest of 
*' this Province ^y that of the Governour are mseperable, & that all 
" Abetters & Maintainers of any thing destructive to the one are in- 
"' mjurious to both. 

" The Govrs. most dutiful! and assured Friends. 

Edward Home, John Swift. 

Wm. Monington, .Tohn Kearsley, 

L. C. SprogcU, Job Goodson, 

Thoe. Rutter, Junr. Thos. Tressc. 
Philadia., Ap. 23d, n28. 



PROVINCIAL COl'NCIL. ni9 

The Governoui' proceeded &; said, that this unhappy Division was 
like to interrupt the Consideration of several matters of importance 
which were laid before the House, and that therefore it would be 
necessary to issue forth Writts for calling the Members together as 
soon as possible, that he v/as ©blidg'd to attend the Assembly of the 
three lower Counties, which is to meet the 1st of next month, but 
tliat he beleived they would not silt long, and proposed to the Board 
whether the 20th of May next mia;ht not be a proper Time to call 
them together. The Board joyned with the Governour in expres- 
sing their Concern for this Difference in the House, & agreed that it 
was highly necessary that the Members should meet speedily, to the 
end no Interruption might be given to Publick Business, and are oi 
opinion that the time mentioned by the Governour will be suitable. 

It was then Considered when ;he Writts should issue, but the 
Board thought fitt to leave that entirely to the Governours Direcuon. 



At a Council held at Philadelphia, May 6th, 1728. 

PRESENT ; 

The Honble PATRICK GORDON, Esqr., Lieut. Governr. 
James Logan, Samuel Preston, ? f- '•- 

Isaac Norris, Clement Plumsted. 5 ^'^ ^* 

The Governour acquainted the Board, that a Letter from Mr. 
Wright at Conestogoe was lately communicated to him, giving an 
account of a Quarrell that was like to ensue between the Indians of 
these parts & the Shawanese, these last having Killed two of the 
Conestogoe Indians, that they seemed prepared for War, & that 
therefore his Presence was desired as necessary to settle those Dif- 
ferences, which might in End atiect the Peace of the Province. His 
Honour likewise said he had received a Petition, signed by a great 
many of the Inhabitants in the back parts of this County, setting 
forth that they are under some Apprehensions of being attack'd by 
the Indians, that many Families had left their Habitations thro' fear 
of them, &; praying that proper Measures might be taken for their 
Safety. 

And therefore the Governour now moved to the Board, that since 
it is of great Importance to compose those Dirt'ercnces speedily, 
which would oblidge him to take a Journey to Conestogoe, it would 
be requisite that the Assembly should meet as soon as possible ; 
Which the Board from the Consideration of what the Governour had 
said readily agreed to, and the 14th Currt. being proposed for the 
Time of their meeting was approved, 'Tis therefore ORDERED, 
that Writts be forthwith issued tor that purpose. 



Esq'rs. 



320 MINUTES OF THE 

At a Council held at Philadelphia, May 10th, 1728. 

PRESENT : 

The honble PATRICK GORDON, Esqr., Lieut. Governr. 
James Logan. William Fishbourn, 

Samuel Preston, Clement Plumsted. 

Thomas Laurence, Esquire, one of those named in the Minute of 
the 20th of April, 1727, as proper to be added to this Board, was in- 
troduced by one of the Members, &l having taken the Oaths enjoyn'd 
by Law, & likewise that for the faithfuU Discharge of his office as a 
Counsellor, took his Seat accordingly. 

The Governour then told the Board that he was just setting out 
for Mahanatawny, upon Advice brought him this Morning by Ex- 
press, that a party of forreign Indians were fallen in amongst our 
Inhabitants in these parts, <fe had committed several acts of Hostility 
particularly, that they had fired upon some of our People, who to 
the Number of twenty had advanced towards them to Know what 
they wanted, & had wounded severals slightly, & one man mortally; 
that our People thereupon returned their Fire, and, as 'tis believed. 
Killed their Captain who appeared to be a Spanish Indian, and that 
it was dreaded some further Mischief would ensue, which he hoped 
he would be able to prevent. But added, that in the mean time it 
would be necessary to hasten the intended Treaty at Conestogoe, & 
lor that End that a Message, with some small Present, should be 
forthwith dispatched to Captain Civility, to acquaint him that the 
Governour designs to be there in twelve or fourteen days, and that 
he would therefore Convene all the Indians thereabouts against that 
Time. 

Which the Board approved of, and ORDERED that two Strowd 
Matchcoats, with a Message to the Purpose aforesaid be immediately 
sent. They then express'd their Concern lor the Uneasiness which 
this Accident would necessarily raise in the Country, & having 
wished the Governour Success in his Journey & safe Return, the 
Council adjourned. 



At a Council held at Philadia., May 15th, 1728. 
pkesent: 
The Honble PATRICK GORDON, Esqr., Lieut. Governr. 
James Logan, Clement Plumsted, 



U 



Richard Hill, Thomas Laurence, ^Esq'rs. 

William Fishbourn, 

The Governour acquainted the Board, that last night he returned 
from Mahanatawny where he found the Countrey in very great Dis- 
order, occasioned by the Noise of the Skirmish that hapned between 



PROVINCIAL COUNCIL. 321 

some of our People <!& a small Party of Indians, that many of the back 
Inhabitants had quitted their Houses, & seemed under great Appre- 
hensions of Numbers of Indians coming to attack them ; that several 
Palatine families were gathered together at a Mill near New Hanno- 
ver Township, in order to defend themselves, & that there he saw 
the Man who was said to have been Killed by the Indians, but he 
appeared to be only slightly wounded in the Belly ; that having ex- 
amined several Persons there & at Colebrookdale touching the said 
Indians, he understood that they were eleven in Number & had been 
in that Neighbourhood for some Days; that they were all armed & 
had a Spanish Indian for their Captain, and that having been rude 
in several houses where they forced the People to supply them with 
Victuals & Drink, some of our Inhabitants, to the Number of Twen- 
ty, a few of whom were armed with Guns & Swords, went in Search 
of the said Indians, & coming up with them they sent two of their 
Number to treat with the Captain, who instead of receiving them 
civilly, brandished his Sword & commanded his Men to fire, which 
they did, & wounded two of ours, who thereupon returned their Fire, 
upon which they saw the said Captain fall, but he afterwards got up 
& run into the Woods after his Party, having left his Gun & Match- 
coat behind him, & that since that lime they had been no more seen. 
The Governour said, that tho' he had this account from one of 
those who were then present, he could not help thinking our People 
had given some Provocation, & wished it might not appear so when 
the Indians should give their Relation of this iVIatter. 

That some of the Inhabitants seemed so incensed, that they seemed 
determined to Kill any Indian they could find, & that great Pains 
were taken on this head to make them cautious of doing any rash 
act which might be attended with fatal Consequences. 

The Governour proceeded & said, that after having used several 
Methods to quiet the Country & to induce the People to return to 
their Habitations, & having ordered some Powder & Lead to be dis- 
tributed in ca.-ic of any attack. He was preparing to return home, 
when he received the melancholy news by an Express from Samuel 
Nutt,Esqr., that an Indian Man & two Women were cruelly murther- 
cd at Cucussea by John <fe Walter Winters, without any Provoca- 
tion given, and two Indian Girls much wounded, upon which a Hue 
& Cry was immediately issued against the Murlherers, & He return- 
ed back next day to Mahanatawny to make Enquiry into this matter, 
where he learn'd that the said Winters, & one Morgan Herbert, an 
Accomplice in the said Murther were apprehended, who being brought 
thither &, examined, the said Winters confessed the Murther, as did 
likewise Herb':'rt, his being present when they perpetrated the same, 
as appears from their several FiXaminalions now laid before the 
Board, and that they had nothing else to say in their Justification, 
then that, from the Reports in the Countrey of the Indians having 
Killed some white men, they thought they might lawfully Kill any 
Indian whom they could find. They were then ordered to Prison 



322 MINUTES OF THE 

and a sure Guard, and orders were issued for apprehending John 
Roberts, mentioned in their Examination as an Accomplice in the 
said Crime ; And then the Coroner was dispatched to take an Inqui- 
sition of the dead Bodies, & to bury them wrapt in Linen, & was 
further directed, that in case any of their Relatives should be there 
He should present them with four Strowds to cover the dead Bodies 
&, give two Strowds to the Indian Girls, &i to Employ some Person 
to cure their Wounds, & further to assure their Friends that the 
Offenders should not goe unpunished. 

That a Message was likewise dispatched to the Indians at Maka- 
nyhickon to acquaint them with this unhappy Accident, & the Con- 
cern we were under on that Account, after which being apprehensive 
that this peice of Barbarity might stirr up the Indians to revenge it 
on our Inhabitants in these Parts, it was thought proper that some 
Persons should be empowered by Commission to gather the Inhabi- 
tants together, & putt them in a Posture of Defence in case of any 
such Attempt, & for that Effect John Pawlin, Marcus Huling, & 
Mordecai Lincoln, were Commissionated, and that after giving seve- 
ral other Directions & Instructions for securing the Peace of the 
Country, His Honour with his Company returned. 

The Governour then desired the Board to consider whether it 
might not be proper to send a Message forthwith to Allummapees 
Opekasset & Manawkyhickon, to acquaint them with what has hap- 
ned, & the Care taken by this Government in apprehending the Cri- 
minals, &, to desire that they with their People may be at Conestogoe 
at the Ensuing Treaty. The Board having express'd their Satis- 
faction with the Governrs. prudent Conduct in this whole Affair 
agreed hereto, & 'TIS ORDERED, that a Message to the Purpose 
aforesaid be drawn up, &; sent by Nicolas Scull, John Scull, and An- 
thony Zadousky, with two Strowds to each of the aforenamed Chiefs. 

Mr. Logan informed the Board, that pursuant to their order of the 
10th Currt., a Message was sent to Conestogoe to Convene the In- 
dians to the Ensuing Treaty, & that the Messenger being now re- 
turned, has brought a Letter from Mr. Blunston, signifying that 
several Indians were mett there, & expected the Governour in nine 
or ten days. 

The Governour then acquainted the Board, that Writts having is- 
sued for Summoning the Assembly of the Province to meet yesterday, 
he was informed by two of their Number that they were now a 
House, & that therefore he intended to acquaint them with what has 
pass'd, how necessary it is that some Provision should be made for 
defraying the Charges of the Treaty, and for this Purpose he had 
drawn up a Speech, which was read & approved, and the House of 
Uepresentatives being sent for attended, to whom the Governr. spoke 
in these words : 

Mr. Speaker & Gentlemen of the House of Representatives : 

" Tho' I have resolved never to interfere with the Proceedings of 
'•the House of Representatives, in which concerns their Privileges, 



PROVINCIAL COUNCIL. 323 

*' of which you are most certainly the Judges, yet the last breaking 
*' up of the house has given me no small Uneasiness. I shall, not- 
" withstanding, on your present coming together again by my Sum- 
" mons, recommend it to you all to fall on the most pacifick measures 
" that may be thought of making up this Breach, with a due Regard 
" to the Rights and Privileges of the House, which I hope you will 
" all be equally carefuU to Support & Maintain. 

" But you will find it absolutely necessary from some late unhappy 
" Occurrences in this Province, that all needless Disputes which 
" might retard your Consultations, should now be laid aside. 

" On Friday last the 10th instant, in the morning, I received an 
" Account from the Iron works at Mahanatawny, that some strange 
" Indians very well arnr.ed, had fallen in amongst his itlajestys Sub- 
" jects in that neighbourhood, & had been guilty of such Violences 
" that some of our People beleived it incumbent on them to know 
-' who they were & what was their Business. They endeavoured to 
" treat with those Indians in the civilest manner, upon which they 
" were attack'd, and Hostilities immediately pass'd between them, 
" to the wounding of divers of our People, & not without some Exc- 
" cution, as 'tis beleived, on the others. 

" On the first Account I immediately prepared to visit those Parts, 
•' and with divers Gentlemen, who Kindly accompany'd mc, some of 
" whom have herein proved very Serviceable to the Publick, I sett 
-' out in a few hours & found the Country under very great Terror 
" & Surprize, but this was gradually dissipated, & the People hear- 
" ing of no more Enemies (those first being gone oft") began to be 
" appeased, when we were again alarmed by a fatal Accident, in the 
" Murther of three harmless Indians, a young Man & two ^^'omen, 
" of our own friendly Natives, who were most inhumanely knock'd 
" on the head by three or four of our own People, & this without 
" any manner of Provocation from the Sufferers that I could possi- 
" biy learn, of all which you may have a more particular Narrative 
" if -desired. 

" On this last Information, I immediately caused a Hue &; Cry to 
" be issued for apprehending the Murtherers, three of whom were 
" taken, & are now in Chester Goal, but another no less deep in the 
" Guilt, when I left the Place, was not found. 

" Hearing of some others of our Indians, who were not far from 
" that Neighbourhood, 1 call'd them in to acquaint them with the 
" unhappy Accident- Care is also taken to give the deceased a de- 
" cent Burial ; But as the Murthered Persons were all related, as I 
" am informed, to some of our Indian Chiefs, v.e cannot expect but 
" that so barbarous a Fact must be resented. I have taken all the 
" Measures in my Power, that on the best advice could be thought 
" proper to prevent the worst Impressions on them, or remove them, 
'^ if made. & as I am enabled, shall proceed in whatever shall bo 

27 



524 MINUTES OF THE 

" thought rationally practicable far that End. I have already desired 
" as many of those Indians, as I could find Messengers to reach, 
" that they would meet me next Week at Conestocroe, where I have 
" appointed as general a Treaty as can be compass'd in that time, for 
" you will agree, I believe, that in these Cases Delays ought by all 
" means to be avoided. 

" But there is further absolute Necessity that Messages with some 
" small Presents should be forthwith dispatch'd to Divers other Parts 
" of the Country, especially up the River Delaware, who ought by 
" all means to be seasonably informed of the real Truth of these 
" matters, to prevent all misunderstandings from these Quarters. 

" I am also further to acquaint you, Gentlemen, that last night I 
" received Advice from Conestogoe, by the Return of an Express I 
" had sent from hence thither on Friday last, that some of the Chiefs 
" of tiie Five Nations are to be here with us at Philadelphia on a 
" friendly visit, of which good uses may be made, seeing all our In- 
" dians of these Parts have an Entire Dependence on those Nations. 

" That these Proceedings, Gentlemen, must necessarily occasion 
" an Expence you cannot be insensible. But when the unhappy Con- 
" sequences of any Misunderstanding with these People, & the dire 
" Effects of such Quarrells are considered, you will undoubtedly 
" allow it to be the highest Prudence to prevent, by an early & sen- 
" sible Application of a proper Remedy, the Calamities that others of 
" Plis Majestys Subjec's have been distress'd with in some of their 
" American Colonies, I therefore most seriously recommend it to you, 
" Gentlemen, that without any Delay on any Pretence whatsoever, 
" you would in behalf of the Country, by whom you are entrusted, 
" assist me with your Advice, & make such Provision as may ena- 
" ble me efTectually to putt in Practice those necessary Measures I 
" have already mentioned for Establishing the Publick Peace, & 
" you may assure yourselves I shall decline no Toil or Fatigue on 
" my Part, that may contribute to so rjood an End. 

After which the House withdrew, & tlie Council adjourned. 



At a Council held at Philadelphia, May 16th, ITxJS. 

PRESENT : 

The Ilonble PATRICK GORDOxN, Esqr., Lieut. Governr. 

James Logan, William Fishbourn, "| 

Isaac Norris, Clement Plumsted. lEsq'rs. 

Samuel Preston, _ J 

A Draught of a Proclamation for securing the Peace of the Pro- 
vince was laid before the Board, which being read was approved of, 
At the Same being Signed by the Governcur, was ordered to be 
Sealed, Printed, & forthwith Published, & is as followcs. 



PROVINCIAL COUNCIL. 325 

" BY THE HONOURABLE PATRICK GORDON, Esqr., 
" Lieutenant Governour of the Province of Pensylvania & Counties 
" of Newcastle, Kent &. Sussex, upon Delaware. 

" A PROCLAMATION. 

" WHEREAS, by the especial Favour of Divine Providence & 
" its Blessings on the Endeavours of our late Plonourable Proprie- 
" tor, and the tirst Adventurers with him, in the Settlement of this 
" Colony, the Inhabitants thereof have hitherto enjoy'd a continued 
** Course of Peace & Tranquility, secured from all Hostilities, either 
" by Livasion or Insurrection : To which nothing under the Divine 
" hand has more etiectually contributed, than the prudent Care that 
" was then taken by the Proprietor, to Enter into a firm Alliance 
" & Sincere Friendship with all the Indian Natives, at that time a 
" numerous People. AND WHEREAS, by the several Treaties 
" then made, it was specially provided & agreed, that the said Na- 
'• tives should be considered in all Dealings, & Converse with them 
" as our Friends & Brethren without Distinction ; And by the like 
" Care in the Government, the Same Treaties have from time to 
" time been continued & confirmed, & by the sober & prudent Con- 
" duct of the ancient Settlers & their Successors, the first Establish- 
" ed Friendship has been hitherto without any Interruption Supported 
'• &■ maintained, to the great Benefit, as well as Honour & Reputa- 
" lion of this Government & its European Inhabitants, as also of the 
" said Natives, who have not to thia time been guiltvof any Failure 
" or Breach on their Parts of the said Treaties. BUT WHEREAS, 
" by Reason of some rude Insults from a kw strange Indians, who 
" had ranged amongst our Inhabitants some Actions tending to Hos- 
" tililies ensued ; Whereupon the People assembled themselves in 
" Companies, under an Apprehension that those Robbers might be 
" followed by much greater Numbers. And since these Motions, a 
" most b;irbarous Murtherhas been committed by some furious Men 
" on the Bodies of three harmless & quiet Natives, our Friends; for 
" which the Malefactors have been happily seized and are in safe 
" Custody, in order to be tried & sufier condign Punishment. NOW 
" for Prevention of all further & other Breaches of the Established 
" Friendship between us & the said Natives, I do, by Virtue of the 
" Powers & Authorities to me derived from the Kings sacred Ma- 
" jesty, & the Honble the Proprietors & Governours in Chief of this 
" Province & adjacent Counties, hereby strictly Charge & Comn-iand 
" all and Singular His Majestys Subjects, the Europeans of what- 
" soever Nation they be, wlio reside in the said Province or Coun- 
" ties., that on no Pretence they abuse any Indian Native of the 
" Nations around us, vizt : the Delawares, Conestogoes, Ganawese, 
'• Shawanese, Mingoes or those of the Five Nations, or any other 
" coming and demeaning themselves peaceably amongst us, but that 
" on all occasions they treat all the said Indians with the same civil 
" Regard that they would an English Subject ; And that by all 



S26 MINUTES OF THE 

" means they avoid that unbecoming Practice of expressing or Shew- 
" ing their weak unhandsome fears, by which they greatly expose 
" themselves to Remarks that are dishonourable. But because, on 
" the late Alarms, Apprehensions have been raised of Insults from 
" foreign Indians : To the End, that the Inhabitants may not in any 
" such Case (should it untbrtunately happen) be unprovided. I do 
" hereby Direct & Require all His Majestys Liege Subjects within 
" the said Province & Counties, that they be at all times duly fur- 
" nish'd with suitable Arms & Ammunication for their Defence, to be 
" used in case of real Necessity by the order & Direction of proper 
" Oflicers, who shall be duly appointed for that Purpose. And that 
" they fail not to appear with them in proper Time &, Place, if there 
" should be Occasion to use them, in Defence of themselves, their 
*' Families & Country. 

" Given in Council at Philadelphia, under my hand & the Great 
" Seal of the said Province, the Sixteenth day of May, in the first 
" year of the Reign of our Sovereign Lord George the Second by 
" the Grace of God, over Great Britain, France & Ireland, King- 
" Defender of the ffaith, &c., Annoq Dom., 1728. 

" GOD SAVE THE KING. 



(-Esq'l 



At a Council held at Philadelphia, May 17th, 1728> 

PRESENT . 

The Honble PATRICK GORDON, Esqr., Lieut. Govr, 

James Logan, William Fishbourn, 

Isaac Norris, Clement Plumsted. ^ Esq'rS- 

Samuel Preston, 

The Board enter'd upon the Consideration of the Presents prope* 
to be made to the Indians at the ensuing Treaty, & 'TIS ORDER- 
ED, that the following Goods be provided by the Provincial Treasu- 
rer, and sent up to Coneslogoe by the first Opportunity, vizt : twenty 
five Strowd Matchcoats, twenty Blanketts, twenty Duffels, twenty 
five Shirts, one hundred wt. Gunpowder, two hundred wt. of Lead, 
five hundred Flints, & fifty Knives, with Rum, Bread, Pipes & To- 
bacco, together with such Provisions as may be necessary for the 
Governour & his Company. 

It was moved that a Day should be appointed for the Tryal of John 
& Walter Winters, that Notice thereof may be given lo the Indians, 
but the same was deferr'd until the Chief Justice should be consulted 
thereon* 



PROVINCIAL COUNCIL. 327 

At a Council held at Philadia., May 20ih, 1728. 

PUESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Govr. 
James Logan, Clement Plumsted, "j 

Saml. Preston, Thomas Laurence. lEsq'rs. 

VVillm. Fishbourn, J 

The Governour acquainted the Board, that John Smith & Nicolas 
Schonhoven, two Indian Traders from Pechoquealin, neat Durham 
Iron Works, had this day delivered him a verbal Message from 
Kakow-vvatchy, the Chief of the Shanawese there, to this EfTect : 
That he having heard that the Flattheads, (Indians so called) were 
come into this Province with a Design to make War upon our In- 
dians, he had sent Eleven of his Men armed to Enquire into the 
Truth of the Report, with Orders to assist our Indians in case the 
same should be true ; that their Provisions failed them, & they were 
oblig'd to gett from our Inhabitants wherev^ithal to subsist, but that 
they olfered no Rudeness till our People used them ill, &: fired upon 
them that he is very sorry for what has happened, 6z, that he has a 
great Love for us all as his Brethren, but that one of their Number 
is wounded & lost his Gun, which he desires may be sent. 

The Board taking the same into Consideration, ORDERED that 
an Answer be sent to the above Message, to inform Kakow-watchy 
of the imprudent Conduct of these Eleven Indians, & the Confusion 
that has happened thro' their Means, & to warn them to be more cau- 
tious in their Behaviour for the future, that the Governour may pro- 
bably see them some time in the Fall at Durham. & Care shall be 
taken to enquire for the Gun. That three Matchcoats be sent to 
Kakow-watchy as a Present, together with the Matchcoat Belt and 
Hatchet which were left by their Indians, And that forty Shillings be 
given to each of the said Messengers for their Trouble & Expence, 
with thsir Entertainment in Town for two Days. 

MEMORANDUM: Pursuant to Appointment with the Indians at 
Conestogoe, the Governour attended with some Members of Council, 
& divers other Gentlemen, to the Number of about Thirty, who vo- 
luntarily offered their Company thither, sett out from Philadelphia on 
the 2iid of May, & on the 23d in the Evening came to the House of 
Mr. Andrew Cornish, about a Mile distant from the Indian Town. 
The 2-lth & 25th days wei'e spent in waiting for some other Persons 
expected at the Treaty & in Mutual Civiiitits, & on the 26th the 
Treaty began as fol'owes : 

At a Council held at the Indian Town of Conestogoe, May 26th. 

ir28. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Govr. 
Some Members of Ciinicil & divers other Gentlemen. 



328 MINUTES OF THE 

PRESENT ALSO ; 

Ganyataronga, "^ 

Tavvenna, ! Chiefs of the Conestogoe 

Tanniatchiaro, \ Indians. 

Taquatarensaly alias Capt. Civility, J 

n^ ^ 1 • 'i I Chiefs of some of the Delaware Indians on 

reyeashickon, y r, , ■ 

VV ikaTukyona, J •' 

Howickyoma, "^ 

Skayanannego, ] 

Onneygheat, ^Chieft of the Ganawese Indians. 

Nanamakamen,. j 

Peyhiohinas, J 

Weysow-walowj "J 

Keyscykakalovv, I Chiefs of the Shawanese. 

Nichtamskakovv, j 

Shakawtawlin or Sam, Interpreter from tlie English into the De- 
laware. 

Captain Civility, Interpreter from the Delaware into the Shawa- 
nese and Min^oe (alias Conestogoe. ) 

Pomapechtoa, Interpreter from the Delaware into the Ganawese 
Language. 

Mr. Nicholas Scull, "j 

Mr. John Scull, [.Assistant Interpreters. 

Mr. Peter Bizallion, J 

The Govr. Spoke as followcs: 
My Friends & Brethren : 

" You are sensible that the Great William Penn, the Father of 
" this Countrey, when he fust brought his People with him over tlie 
" broad Sea, to .;: ail the Indians the old Inhabitants by the hand, 
" & because he lound them to be a sincere honest People he took 
" them to his heart & loved them as his own. He then made a strong 
*' League & Chain of Friendship with them, by which it was agreed 
" that the Indians & the English, with all the Christians, should be 
" as one People. 

" Your Friend & Father William Penn still retamed a warm AC- 
" fection for all the Indians, & strictly commanded those whom he 
" sent to govern this People to treat the Indians as his Children, & 
" continued in this kind love for them until his Death. 

" His Sons have now sent me over in their Stead, & they gave 
" me strict Charge to love all the Indians as their Brethren, & as 

their Father William Penn loved you, I would have seen you be- 
" fore this Time, but I fell sick soon after I came over, & continued 
" so till next Spring. I then waited to receive some of the five Na- 
ii tions who came to see me at Philadelphia, & last Fall I heard you 
" weieall gone out a hunting. 



PROVINCIAL COUNCIL. 329 

*' I am now come to see you^ and to renew the ancient Friendship 
" which has been between William Penn's People and you, I was 
" in hopes that Sassoonan & Opekasset, with their People, would 
" havo been likewise here, they have sent me kind Messages Si have 
" a warm Love for the Christians. I believe they will come to me 
' at Philadelphia, for since they could not gett hither I have desired 
< them to meet me there. 

" I am now to discourse with my Brethren, the Conestogoes, De- 
" lawares, Ganawese 4' Shawanese Indians upon Sasquehannah, & 
" to speak in Love to them. 
My Brethren : 

" You have been faithfull to your Leagues with ua> your Hearts 
" have been clean, & you have preserved the Chain from Spotts ov 
" Rust, or if there were any you have been carefuU to wipe them 
" away ; your Leagues with you Father William Penn, & with his 
" Governours are in Writing on Record, that our Children & our 
" Childrens Children may have them in everlasting Remembranco, 
" And we Know that you preserve the memory of those things 
" amongst you by telling them to your Children, & they again to 
^' the next Generation, so that they remain stamp'd on your Mmds 
" never to be forgott. 

" The Chief Heads or Strongest Links of this- Chain I find arc 
" these Nine, vizt : 

1st. " That all William Penns People or Christians, and all the 
" Indians should be brethren, as the Children of one Father, joyned 
" together as with one Heart, one Ilead&one Body. 

2d. •' That all Paths should be open and free to both Christians 
*' and Indians. 

Sd. " That the Doors of the Christians Houses should be open to 
'■' the Indians d: the Houses of the Indians open to the Christians, & 
" that they should make each other welcome as their Friends. 

4th. " That the Christians should not believe any false Rumours 
" or Reports of the Indians, nor the Indians believe any such Ru« 
" mours or Reports of the Christians, but should first comeasBreth* 
" ren to enquire of each other; And that both Christians & Indians, 
" when they hear any such fa'se Reports of their Brethren, they 
" should bury them as in a bottomless Pitt. 

5th. " That if the Christians heard any ill news that may be to 
^' the Hurt of the Indians, or the Indians hear any such ill news tliat 
" may be to the Injury of the Christians, they should acquaint each 
" other with it speedily as true Friends & Brethren. 

6th. " That the Indians should do no manner of Harm to the 
" Christians nor their Creatures, nor the Christians do any Hurt to 
" any Indians, but each treat the other as their Brethren. 

7th. " But as there are wicked People in all Nations, if either 
" Indians or Christians should do any harm to each other. Complaint 
" should be made of it by the Person* SuiFering that Right may be 



330 MINUTES OF THE 

" done, & when Satisfaction is made, the Injury or Wrong should be 
" forgott & be buried as in a bottomless Pitt. 

8th. " That the Indians should in all things assist the Christians, 
" & the Christians assist the Indians against all wicked People that 
" would disturb them 

9th. " And lastly, that both Christians &; Indians should acquaint 
" their Children with this League & firm Chain of Friendship made 
" between them, & that it should always be made stronger & stronger 
" 6c be kept bright & clean, without Rust or Spott between our Chil- 
" dren and Childrens Children, while the Creeks and Rivers run, 
" and while the Sun, Moon & Stars endure. 

" And for a Confirmation on our Parts of all these Several Arti^ 
" clesj We bind them with these Several Parcels of Goods, vizt : 
20 Strowd Matchcoats, 1 Cwt. of Gunpowder, 

20 Dufi^ells, 2 Cwt. of Lead, 

20 Bianketts, 500 Flints, 

20 Shirts, 50 Knives, 

After which the Governour proceeded & said. 
«' My Brethren : 

" I have now spoke to the League and Chain of Friendship, first 
" made by your Father William Penn with your Fathers, which is 
" confirmed. I am now to acquaint you with an unhappy Accident 
" that has afflicted me & all good People amongst us, and we lament 
" & mourn with you on the heavy Misfortune. 

" About forty days agoe wc heard that the Twechtweys were 
" coming as Enemies against this Countrey. I believe it is false, 
" for we never hurt the Twechtv/eys ; And about eighteen Days since 
" I received an Express from the Iron works at Mahanatawny, ac- 
'■' quainting me that Eleven forreign Indians, painted for War, d: 
" armed with Guns, Pistoles and Swords, were come amongst our 
'•' Inhabitants, plundering Ihem & taking away their Provisions by 
" Force, whereupon some of our People, to the number of twenty 
" men, with Arms^ went to Speak to them Civilly, but the Indians 
'• fired upon them & wounded some of them ; Our men likewise fired 
" on the Indians & wounded some of them also, but the Indians fired 
" first. It was very ill done to fire. 

" As soon as I had this Account I took hoi'se and went to Maha- 
" natawny with several Gentlemen of Philadelphia, but the Indians 
" were gone oft'. I found our People beleived there were more com- 
" ing, and therefore some Hundreds mett together with their Arms 
" to defend themselves in case the Indians should attack them. 

' As I was returning home I heard news that grieved me exceed- 
" ingly. I was told that two or three furious Men amongst us had 
" Killed three of our Indian Friends & Inirt two Girls. I went back 
" mourning, c^ sent out Men to take the Murtherers, who weie ac- 
" cordingly taken, & they are now in Irons in a Dungeon to be tried 
*' by the Laws of the Great King of all the English, as if they had 



PROVINCIAL COUNCIL. 831 

" Killed so many of* his own Subjects. I have likewise caused 
" Search to be made for the dead Bodies, <5' two Women were found 
" murthcred, who by my order were iaid in a Grave and covered 
" with Shirts & Strowds. I hear likewise that the dead Body of 
" an Indian man has been found & is buried. 

" You Know there are wicked People amongst all Nations; there 
" are ill People amongst you, <^ you are sometimes forced to putt 
" them to Death. The English are a great People, & there are 
" likewise wicked men amongst them. 1 mourn for this Misfortune, 
" & will do all I can to comfort the Relations of the Dead when I 
" see them, which I hope v/ill be at Philadelphia with Sassoonan & 
" Opekasset. 

" About eiffht months agoe 1 received an Account that an English 
" man was Killed by some Indians, at ihe House of John Burt, in 
-' Snake town. I heard Jolm Burt was very abusive to the Indians* 
" and 1 sent to apprehend him, but he fled; if he can be taken he 
" will be punished. But since there was a Man Killed, we expect 
'• the Indians will doe us Justice by apprehending the Murtherers 
' that they may be punished, for we must be just and faithfull to 
'■ each other, that this Spot may be wiped aVvay & the Chain be 
" kept bright & clean. 

" You know, My Brethren, that one Link of the Chain is, that 
" when the Indians are uneasy they should tell it to us, & when we 
*' are uneasy we will tell it to them. 1 therefore desire your Hearts 
*' may be open, that I may know if you have any Cause of Griei', 
" which I will endeavour to remove, for I am your Brother. 

" I have issued a Proclamation requiring all our People to use you 
^' well, which shall be read unto you before I goe away. I will pre' 
" vent any Hurt being done to our Friends the Indians, because 
" those who do not behave themselves agreeable to what is therein 
'* commanded, will be severely punished. 



At a Council held at the Indian Town of Conestoeoe, May 27th, 
1728. ^ ' J 

I'RESENT t 

The Honourable PATRICK GORDON, Esqr., Lieut. Governr. 

And the same as before. 

TAVVENNA in the Name, & on the Behalf of all the Indians pre- 
sent spoke to the Governour, which was rendered into English by 
John Scull, Interpreter, & is as followes t 

Give Ear my Brethren of Philadelphia^ the Conestogoe Indians, 
the Shawanese, the Ganawese & Delawares have somewhat to say, 
which they will speak presently. 

They say, they look upon the GoVefnoUi* as if William Penn him- 
self were present. They are four Nations & among them there are 
several foolish People, ias if they were just sprung from the Earth ; 



332 MINUTES OF THE 

But that since their first friendship with William Penn, they never 
have received any Wrong or Injury from him or any of his People. 

That several foolish People among them committed Follies and 
Indiscretions, but they hope these will never interrupt the Friendship 
which is between their People & us, for that they & all William 
Penns People are as one People, that Eat, as it were, with one Mouth, 
& are one Body & one Hearf. 

Then presenting a Belt of Wampum of Eight Roms, they say : 
They would not have the Governour grieve too much for the rash 
inconsiderate Actions that of late have been committed ; they must 
be buried & forgot, for that what has hap^en'd was done by their 
Friends, if it had been done by their Enemies they would have re- 
sented it, but that we & they are One; That they h;ive always mett 
with Justice and Kindness from \^ illiam Perm, and from all the Go- 
vernours whom he has sent here, & thus do all the Indians of Co- 
nestogoe, Delaware, theShawanese & Ganawese say. 

That Ihey are cxtreamly glad & satisfied with what the Governour 
said to them yesterday, it greatly rejoyced their Hearts that they 
have had no such Speech made to them since the time that the Great 
William Penn was amongst them, all was good & nothing was 
amiss. 

Then presenting four Strings of V/ampum they say : They will 
visit the Governour at Philadelphia after the Harvest is over, & then 
they will i^peak fully to him as their Brother &l Friend, for the Cones- 
togoes, Delawares, Shawanese & Ganawese will then come lo him, 
&. he may look up the Conestogoe Road & expect them ; That what 
happen'd at John Burts house was not done by them, it was done by 
one of the Menysincks, who are of another Nation, & therefore they 
can say nothing to it. 

After this Answer of the Indians some of the Gentlemen present 
moved the Governour, that seeing now there was now a tiumerous 
Company of our Inhabitants mett together, he would be pleased to 
press the Indians to declare to him if they suffered any Grievance or 
Hardship from this Government, because several Reports had been 
industriously spread abroad, as if they had some just Cause of Com- 
plaint. And the Governour having ordered the Interpreters to ac- 
quaint them herewith ; They all answered that they had no Cause 
of Complaint, that William Penn <fc his People had still treated them 
well, &. they had no Uneasiness. 

The Governour then told them, that he was well pleased with what 
they had said unto him, and that since the Indian, who Killed the 
Englishman at Burt's house is not of their Nation, he would demand 
Justice from that Nation to which he belonged. 

The Proclamation was then interpreted unto them, which seemed 
to please them very much. 

Then the Governour liaving ordered some Rum, Bread, Tobacco 



PROVINCIAL COUNCIL. 



& Pipes to be delivered to them, &, likewise one Strowd Mafchcoat 
& one Shirt to Civilil3s one Strowd Matchcoal & Shirt to Shaka- 
tawlin or Sam, & one Shirt to Pomapechtoa, the three Indian Inter- 
preters; he took all the Indian Chiefs bj the Hand, <fc desired them 
that when they returned home they should acquaint all their People 
with what had now pass'd between them & us, ihat the Remem- 
brance thereof might Endure for ever. 



At a Council held at Philadelphia, June 3d, 1728. 

present: 

The Honble PATRICK GORDON, Esqr., Lieut. Governour. 

Richard Hill, William Fishbourn, "j 

Isaac Norris, Clement Plumsted, vEsq'rs. 

Samuel Preston, Thomas Laurence. J 

The Governour informed the Board, that while he was at Cones- 
togoe he received an Answer to the Messages sent by order of this 
Board of the 15th ulto. to Allummapees, Opekasset & Manawky- 
hickon, which were now read, & are in Substance : That Allumma- 
pees and Opekasset had received the Governours Letter and Present, 
that they had nothing in their Hearts but Love & Goodwill towards 
the Governour & all his People, that they would have apprehended 
some Danger if the Governour had not sent to them, but that now 
their Doubts are over & offer to meet the Governour at Molatton, 
because they cannot reach Concstogoe by the time appointed. 

The Message from Manawkyhickon is to this Effect : That he be- 
lieved the Governour Knew nothing of the Fight between the Sha- 
wanese & white People, & desires that the back Inhabitants may be 
cautioned not to be so ready to attack the Indians as they were at 
that time ; That he very well remembers the League between Wil- 
liam Penn & the Indians, & hopes the Governr. will be carefull 
thereof, and that He will come to Philadelphia with the Chiefs of the 
Five Nations. 

The Governour then said, that understanding Allummapees & 
Opekasset with some of their People were come to Molatton, he dis- 
patched Messengers to them, with an Invitation to come down to 
Philadelphia, & that accordingly they were now come, & had brought 
with them some of the Relations of those Indians that were lately 
Killed by the Winters, and theiefore he was now to advise with the 
Board upon what might be proper to be said to them, & the Presents 
necessary on this Occasion, 

And the same being had under Consideration, the Board are of 
opinion, that the Substance of what pass'd at Conestogoe may be 
proper to be repeated, with a particular Account of our Care in 
apprehending the Criminals, and a firm Assurance that they shall 



334 MINUTES OF THE 

be punished according to our Laws ; and 'TTS ORDERED, that the 
following Goods be provided, vizt : ten Strowd Matchcoats, five 
Blanketts, five DufTells, ten Shirts, twenty five pounds Powder, Sixty 
pounds Lead, one hundred Flints, two dozen Knives, two dozen 
Scissors, two dozen Tobacco Boxes, two dozen Tobacco tongs, one 
dozen looking Glasses, & one pound Vermillion for the general Pre- 
sent, And three Strowds, three Blankets, three Duffells, three Shirts, 
and Six Handkerchiefs for the Relations of the Dead, and that Care 
be taken to Entertain those Indians hospitably during their Stay 
amonijst us. 



At a Council held at Philadelphia, June 4lh, 1728. 

PRESENT : 

Th3 Honble PATRICK GORDON, Esqr., Lieut. Governr. 

James Logan, William Fishbourn, . "j 

Richard Hill, Clement Plumsted, WEsquires. 

Isaac Norris, Thomas Lawrence. J 
Samuel Preston, 

With many other Gentlemen Sl Inhabitants of Philadelphia. 

Present also of the Indians. 

Sassoonanor Allummapees, King of the Delawares, with Opckas- 
set, Shakatawlin, Gulyppenaa, Hoarsnet, Meteyikon, Nichshompe- 
yat, Tossweychimon, Aketawnikily, Ketamakelomcn & Wetchywa- 
likon, with others of the Delawares. 

Shikillima from the Five Nations, & Squicksey a Shawanese. 

Edward Farmer, Esqr., Shakatawlin or Sam, Interpreters. 

The Governour spoke as followes : 
" My Friend & Brother Sassoonan or Allummapees : 

" I was glad to see you at my house last year, & am now glad to 
*' meet you with your Relations, being always pleased to see the 
" sober & good People amongst the Indians, as my Friends & Breth- 
" ren. 

" When your Great Father William Penn's Children sent me 
" hither, they commanded me to love & be kind to the Indians as 
" their Brethren, & therefore I intended soon after I crossed the great 
" Sea, & came hither to have seen the Chiefs of all our Indians, but 
" was prevented by Sickness & Business. This Spring I proposed 
" to meet them all at Conestogee, & when I heard that Civility & the 
" People of that Place were returned home, I appointed a Meeting, 
" at which I desired the other Chiefs might be present, that we might 
" all together, as Friends & Brethren, renew & strengthen the Chain 
'' of Friendship which your Father William Penn made with all the 
*' Indians of this Province, that it may be Kept bright forever. 



PROVINCIAL COUNCIL. 335 

" About ten days since I matt the Indians of Conestogoo, the Sha- 
" wanese, Ganawese, & divers of the Delawaresat Conestogoetown, 
" we then opened our Hearts, we spoke as Brethren & Friends, we 
" brightned the Chain & made it strong, that it might last & continue 
" firm, while the Sun dz; Moon endure. 

'■' I am sorry that my Brother Sassoonan had not notice early 
" enough to be there with his People, but I say again, I am glad to 
*' see you now here. 

" We then went over all the Heads, the strong Links of the Chain 
*' made between your Father William Penn & the Indians, we keep 
" them in writing, that thev mav be hard in everlastinc Remem- 
" brance, the Indians also keep them in their Memory & in their 
'= Hearts, they tell them to their Children, &, these tell them again to 
" their Children, that from CToneration to Generation they may be 
" remembred forever. These are tlie Chief Points of those Treaties 
'• that were first made by William Penn with your Fathers, & have 
" since from time to time been confirmed. 

Here the nine Heads or Links mentioned in the Treaty of Cones- 
togoe were repeated. 

And for a Confirmation on our Parts of all those Articles, we bind 
them with the following Goods. 

10 Strowd Matchcoats, 2 dozen Knives, 

5 Blankets, 2 dozen Scissors, 

5 DufFells, 2 dozen T<jbacco Boxes, 

10 Shirts, 2 dozen Tobacco Tongs, 

25 pounds Powder, 1 dozen Looking Glasses, 

60 pounds Lead, 1 Pound Vermillion. 
100 Flints, 

After which the Governour proceeded & said. 
'' My Friends & Brethren . 

" I have now spoke to the League & Chain of Friendship first 
" made by your Father William Penn with your Fathers. You 
" have kept it well, your hearts have been clean & clear from Spott, 
" or if there was any you have wiped it soon away. William Penns 
" Children & People have also kept the League. Every Governour 
" who was here in William Penns P ace has been kind' to them, & 
" all good Christians have loved them. But great Numbers now 
" come in amongst us ; there are some bad People amongst all Na- 
" tions, & there are some amongst us who love Lying & to Committ 
" Wickedness. These are not such good People as William Penn 
" brought over with him, they are loose & idle. The Children of 
" your Father William Penn, the Governour. & all in the Govern- 
" ment, will always love every good and sober Indian as their Bretli- 
" ren & Friends. 

" You have heard, my Brethren, that some Shawanese about 
" twenty days agoe came from about Ppchoquealin, armed with 
" Guns, Pistols & Swords, &; painted for War, they fell in amongst 

28 



S3G MINUTES OF THE 

" some of our Inhabitants and behaved themselves foolishly ; Our 
" People thought them strange Indians & Enemies, and believed 
" there were much greater Numbers behind in the Woods, they mett 
" together with Arms to defend themselves. But I now mourn with 
«' you the unhappy Accident that followed by the Madness of these 
" furious wicked men, who could so inhumanly destroy our good 
" Friends & their quiet peaceable Neighbours. Tlie first News of it 
" wounded me deeply. I was then returning to Philadelphia, but I 
'• went back again, I ordered the Murtherers to be apprehended & 
" the Bodies of our two dead Friends sought for. My officers with 
'• many People found two <t buried them, covering their Bodies with 
" Shirts & Strowds, wliich I sent for that purpose. The Criminals 
" are now in Dungeons with Iron Chains on them, & they are to be 
" tried in about fourteen days at Chester, by the Laws of our Great 
" King, in the same manner as if they had Killed any of his Subjects 
" &, our own People, for by our Leagues of Friendship we 6c the In- 
" dians are as one, and we make no Diflerence. He that kills or 
"hurts an Indian, kills or hurts our Brother, we feel it as done to 
" one of ourselves & must ])ur.ish it accordingly. 'We mourn with 
" the Relaiions, all good People mourn with them, and we now give 
" these few things, vizt: three Strowds, three Blankets, tl^ree Duf- 
" fells & three Shirts, to cover the dead Bodies again, & these six 
" Handkerchiefs to wipe away their Tears. We give them not as 
" the Price of Blood, or to make Satisfaction for the Death of our 
" Friends. Justice must be done according to our Law, &[we give 
" these only as a Mark of our Grief, that the Relations may be the 
" more easy in their Minds, that they may Know we grieve with 
" them, &. that they may be comforted. 
" My Friends & Brethren : 

" You now see we carefully observe our Treaties on our Parts, 
" but you are to consider this Country is full of People, we have 
" many weak & some wicked People amongst us, these last must be 
" punished by the Law. The Indians have sometimes wicked Peo- 
" pie amongst them & they putt them to Death ; this is the utmost 
'• that can be done, but the Hearts of all good People amongst the 
" Christians, & amongst you the Indians, will always be true, we 
" shall always love one another, our Leagues are to continue to all 
" Generations. 

The Governour then taking the Indians by the Hand dismissed 
them for ihis time, & they appointed to meet the Governour again 
in the IMorning to return their Answer. 



At a Council had at Pijiladelphia, in the Great Meeting liouse, 
June 5th, 1728. 

r RESENT : 

The Honourable PATRICK GORDON, Esqr., Lieut. Governr., 
with the Members of Council before men'ioned. 



PROVINCIAL COUNCIL. 337 

And Andrew Hamilton, Esquire, And a vast Audience that filled 
the House & all its Galleries. 

Also, Sassoonan or AUummapees, with the Indians. 



Edward Farmer, Esquire, > ^ , 

<tMr. John Scull, ^ Interpreters. 



ALLUMMAPEES or Sassoonan, in the Name of all the Indians 
present, desired that his Brethren would hear him, for he is now to 
Speak to them, & said. 

That he was glad to hear his Brother the Governours Words yes- 
terday, they gladden'd his Heart ; he now returns thanks for them, 
& for the Presents which his Brethren has given them. He rejoyces 
that his Brethren & the Indians are now mett together in this House, 
& that this great Company is to hear him. 

He was glad to hear his Great Friend & Fath:>r William Penn so 
much spoke of yes-erday ; we had always lived in Love, & hopes 
all things will be made up in Love ; his heart is for Love i^* Peace, 
and he desires there may never be any Misunderstanding between us. 

He is pleased to see such Care taken, th;n they may come and dis- 
course tVeely with their Brethren; they have young Children, and 
the Christians have many ; there are many who now hear what pas- 
ses, and he desires it m'ly be remembred for ever. 

As there are now great Numbers present, he desires that they may 
all know that the Christians & Indians are to have but one Head, 
one Heart & one Body ; that he looks on them all as one People, & 
desires they may always so continue. 

That they have many among them who are as little Children, 
weak and helpless, & we should not, because of Weakness, have any 
Misunderstanding. 

When any misunderstanding arises, or when any Injury is done 
by the Indians to Christians, or by Christians to Indians, each should 
be heard without any Disturbance, for they & we are one People. 

That there are ill People both among the Christians & Indians; 
he is well pleased with what the Governour said yesterday in Rela- 
tion to the Accident that has happen'd to the Indians, but 'tis his 
Desire that no Misunderstanding may arise on that Account. We 
must unite in Love, all ill things must be done away & forgotten, for 
we are one People. 

That he has now said what he purposes to speak at this time, but 
in two months he designs to return & speak more fully. 

Sassoonan was then told, that if they had any thing at all on their 
Minds it was now a proper time to speak it, that it might be heard 
by all this Company. 

He thereupon called on Thomas Rutter, Senr., to come & sittnear 
him, 6i proceeded to say, 

That he is glad of the Friendship &; Agreement that subsists 
between the Indians 65 Christians; he will always endeavour to 
strengthen &; increase it, he will make the Path between this Town 



338 MINUTES OF THE 

& the Place where he lives, & as far as the Mingoes, open & plain, 
he will always keep it wide, & root & cutt up every Bush & Grub 
that may stand in the Way, (to hinder the Intercourse of Love & 
Friendship between us ; this is the meaning of these Indian Expres- 
sions.) * 

He adds, that he is now come at the Governoms Desire, on Ac- 
count of the late unhappy Accident, that he is pleased to hear what 
has been said of it, & that Justice is to be done when he comes 
again after Harvest, it shall then all be buried, he himself will then 
Cover it deep over with Earth. 

FIc then said he had spoke what he had to say to the Governour, 
& would speak to James Logan. 

He said, he was grown old & was troubled to see the Chris- 
tians settle on Lands that the Indians had never been paid for, they 
had settled on his Lands, for which he had never received any thing. 

That he is now an old man & must soon die, that his Children 
may wonder to see all their Fathers Lands gone from them, without 
his receiving any thing for them, that the Christians now make their 
Settlements very near them, & they shall have no Place of their own 
left to live on. 

That this may occasion a Difference between their Children & us 
liereafter, & he would willingly prevent any Misunderstanding that 
may happen. 

Mr. Logan applying to the Governour, craved Leave to answer 
the Indians, &. he spoke to this Effect. 

That he had no otherwise been concerned in the Lands of this 
Province, than as he was entrusted with other Commissioners by the 
Proprietor to manage his Affairs of Property in his Absence. That 
their Great Friend, William Penn, had made it his constant Rule 
never to suffer any Lands to be settled by any of his People, until 
they were first duly purchased by the Indians, & his Commissioners, 
who acted for him in his Absence, has as carefully used the same 
Method, they never agreed to the Settlement of any Lands till the 
Indians were duly satisfied for them. But he said, he judged it pro- 
per in his Audience to take Notice of our great Unhappiness, in 
having too many amongst us who take a Delight in disturbing the 
Peace of the Publick by any means in their Power, & amongst other 
Methods they had endeavoui'ed even to beget an Uneasiness in the 
Indians, but how little Reason there was for any Complaint against 
him, or the Commissioners, he should now make appear. 

He said, that Sassoonan now present, with divers others of the 
Indian Chiefs, about ten years since, having a Notion that they had 
not been fully paid for their Lands, came to Philadelphia to demand 
what was due to them, that the Business was heard in Council, & 
he then produced to those Indians a great number of Deeds, by which 
their Ancestors had fully conveyed, & were as fully paid for all their 
Lands from Duck Creek to near the Forks of Delaware, & that the 
Indians were then entirely satisfied with what had been shewn to 
them, &> the Commissioners, to putt an End to all further Claims or 
Demands of that Kind, in Consideration of their Journey & Trouble, 



PROVINCIAL. COUNCIL. 339 

made them a Present in the Proprietors Name & Behalf, upon which 
they agreed to sign an absolute Release for all those Lands, & of all 
Demands whatsoever upon account of the said Purchases, And exhi- 
bitin"- the said Instrument of Release desired it might be read, which 
was done in these words. 

WE, Sassoonan, King of the Delaware Indians, & Pokehais, Me- 
tashichay, Aiyamaikan, Pepawmamen, Gheltypeneeman & Opekas- 
set, Chiefs of the said Indians, do acknowledge, that we have seen 
& heard divers Deeds of Sale read unto us, under the hands & seals 
of the former Kings, &. Chiefs of the Delaware Indians, our Ances- 
lers & Predecessors, who were owners of Lands between Delaware 
&, Sasquehannah Rivers, by which Deeds they have granted & con- 
vcy'd unto William Penn, Proprietor & Governour in chief of the 
Province of Pensylvania, & to his Heirs & Assigns, all & singular 
their Lands, Islands, Woods & Waters, situate between the said two 
Rivers of Delaware &. Sasquehannah, & had received full Satisfac- 
tion for the same. And We do further acknowledge that we are fully 
content & satisfied with the said Grant. And Whereas, the Com- 
missioners or Agents of the said ^Villiam Penn have been pleased, 
upon our Visit to this Government to bestow on us, as a free Gift, 
in the name of the said William Penn, these following Goods, vizt : 
Two Guns, six Strowd water Coats, six Blankets, six Dutlell match- 
coats & four Kettles. We therefore, in Gratitude for the said Pre- 
sent, as well in Consideration of the several Grants made by our 
Ancestors & Predecessors, as of the said several Goods herein before 
mentioned, the Receipt whereof we do hereby acknowledge. Do by 
these Presents, for us, Our Heirs &; Successors, Grant, Remise, Re- 
lease (fc forever Quitt claim unto the said William Penn, his Heirs & 
Assigns, all the said Lands situate between the said two Rivers of De- 
laware & Sasquehannah, from Duck Creek to the Mountains on this 
side Lechay, and all our Estate, Right, Title, Interest, Property, 
Claim <fe Demand whatsoever in & to the same, or any part thereof", 
so that neither We, nor any of us, nor any Person or Persons in the 
Behalf of any of us, shall or may hereafter lay any Claim to any of 
the said Lands, or in any wise molest the said William Penn, his 
Heirs or Assigns, or any Person claiming by, from or under them, 
them or any of them, in the peaceable & quiet Enjoyment of the same. 
IN WITNESS, whereof We have hereunto sett our Hands & Seals 
at Philadelphia, the Seventeenth day of September, in the year of our 
Lord one thousand seven hundred & eighteen. 

Sassoonan ^ his mark. (S) 

Pokehais X his mark. (S) 

Metashichay X his mark. (S) 

Aiyamackan !^ his mark. (S) 
Gheltypeneeman*^ his mark. (S) 
Opckasset X his mark. (S) 

Pepawmamen X his mark. (SJ 

VOL. III. 



340 MINUTES OF THE 

Sealed & Delivered (by all but Pokehais & Pepawmamen who 
were absent) in the Presence of 

W. KEITH. 
Jonathan Dickinson, Robert Asheton, 
Samuel Preston, Anthony Palmer, 

Indian X Sam, son of Essepenaike, 
Indian X Peter, Pckohais's Nephew or A.vveaykoman, 
Kachaguesconk X or Toby, 

his 
Tussoigh X eenan, 
mark 
his 
Neesha X llapy or Andrew, 
mark 
Sealed and Delivered by Pokehais di Pepawmamen, in the Pre- 
sence of 

James Logan, Robert Asheton, 

Neesha X llapy or Andrew, Clement Plumsted, 
Nedawaway X or Oliver, David Evans. 

This Deed being fully explained to the Indians in their own Lan- 
guage, Sassoonau & Opekasset, two of those M'ho had executed it 
being present, viewed their Marks & acknowledged that it was all 
true, and that they had been paid for all the Lands therein mention- 
ed ; but Sassoonan said, the Lands beyond these Bounds had never 
been paid for, that these readied no further than a few miles beyond 
Oley, but that their Lands on Tulpyhocken were seated by the Chris- 
tians. 

Mr. Logan answered, that he understood at the Time that Deed 
was drawn, & ever since, that Lechay Hills or Mountains stretched 
away from a litle below Lechay or the Forks of Delaware, to those 
Hills on Sasquehannah that lie about ten Miles above Pextan. Mr. 
Farmer said, those Hills pa^ised from Lechay a kw Miles above Oley, 
& reached no further, & that Tulpyhocken Lands lay beyond them. 
Mr. Logan proceeded to say, that whether those Lands of Tulpy- 
hocken were within or without the Bounds mentioned in the Deed, he 
well knew that the Indians some few years since w^ere seated on 
them, & that he with the other Commissioners, of whom Richard Hill 
ds Isaac Norris now present at the Board were two, would never 
consent that any settlement should be made on Lands where the In- 
dians are seated, that these Lands were settled wholly against their 
minds & even without their Knowledge. 

Sossoonan said, he could not himself beleive the Christians had 
settled on them, till he came & with his own Eyes saw the Houses 
and Fields they had made there. 

Mr. Logan proceeded & said, that he was sensible the Palatines 
were settled there, but as he had observed before, it was without the 
Consent or Knowledge of any of the Commissioners, And how they 



PROVINCIAL COUNCIL. 341 

came hither he should now make this Audience sensible. He said, 
that when he left his House this morning he did not expect this Affair 
would be now mentioned, but hearing after he came abroad that it 
was intended, being unable himself to walk, he had sent for one 
Paper, which he could easily direct to, that if he could have gone 
himself amongst his Papers, he could have produced some Letters & 
Affidavits that would more fully explain the matter, but he hoped 
that what he had there would be sufficient to make it clearly under- 
stood. It was a Petition from those Palatines themselves, directed 
to the late Governour Sir William Keith & the Council, all wrote in 
the hand of Patrick Baird, who was then Secretary to the Governour 
& Clerk of the Council, & who it was that drew it would appear by 
its Stile. The Petition was read in these Words. 

" To His Excellency William Keith, Ba.ronet Governour of Pen- 
" sylvania, &c., & the Honble Council. 

"The Petition of us the Subscribers, being thirty three Families 
" in Number, at present inhabiting Tulpahaca Creek, 
" Humbly Siievveth : 

" That your Petitioners being Natives of Germany, about fifteen 
" years agoe, were by the Great Goodness & Royal Bounty of her 
" late Majesty Queen Anne, releived from the Hardships which they 
" then suffered in Europe, & were transported into the Colony ef 
" New YoHc, where they settled. But their Families increasing, & 
" being in that Government confined to the scanty allowance often 
" Aeres of Land to each Family, whereon they could not well sub- 
" sist, Your Petitioners bemg informed of the kind Reception which 
" their Countrey men usually mett within the Province of Pensylvania, 
" & hoping they might with what substance they had acquire larger 
" Settlements in that Province, did last year leave their Settlements 
" in Nev/ York Government & came with their Fanulies into this 
" Province, where upon their Arrival they applied themselves to His 
" Excellency the Governour, who of his great Goodness permitted 
" them to inhabit upon Tulpahaca Creek, (being the farthest inhabit- 
" ed part of the Province north west from Philadia. ) on Condition 
" that they should make full satisfaction to the Proprietor or his 
'' Agents for such Lands as should be allotted them, when they were 
" ready to receive the same. And now your Petitioners understand- 
" ing that some Gentlemen, Agents of the Proprietor, have ample 
" Powers to dispose of Lands in this Province. And We, your Pe- 
" titioners, being willing &; ready to purchase, do humbly beseech 
" your Excellency & Council to recommend us to the favourable 
" Usage of the Proprietors Agents, that upon paying the usual Prices 
" for Lands at such Distance from Philadelphia, we may have suffi- 
" cienl Rights &. Titles made to us for such Lands as we shall have 
" occasion to buy, that our Children may have some settlement to 
" depend on hereafter, and that by your authority we may be freed 
" from the Demands of the Indians of that part of the Country who 
"pretend a Right thereto. And we humbly beg Leave to inform 



342 MINUTES OF THE 

"your Excellency &i Council, that there are fifty Families more who 
" if they may be admitted upon the same conditions are desirous to 
" come & settle with us. VVe hope for your favourable Answer to 
*' this our humble Request, & as in Duty bound shall every pray, &c. 
N. B. The Names being mostly in a deep German hand could not 
be read, but by one skill'd in their Writing, they are given as here 
subjoyned. 

Johannes Yans, Joannes (Jliu s Shaver, 

Peter Rilt, Jo Hamoler Ritt, 

Conrad Schilz, Antonis Shart, 

Paltus Unsf, Johan Peter Pacht, 

Toritine Serbo, Jocham Michael Cricht, 

Josap Sab, Sebastian Pisas, 

Jorge Ritt, Andrew Falborn. 
Godfreyt Filler, 

Mr. Logan observed upon this Petition, that by the whole Tenour 
of it, as well as the Writing, 'twas very easy to judge from whom 
what hand it originally came. It is address'd to HIS EXCELLEN- 
CY the Governour Sir William Keith, who (as they are made to 
speak) OF HIS GREAT GOODNESS PERMITTED THEM to 
inhabit on Tulpahaca Creek. HIS EXCELLENCY is to recom- 
mend them to the Agents, that they may have sufficient Rights & 
Titles made to them for such Lands, as they should have occasion 
to buy ; And to HIM they apply also, that by HIS AUTHORITY 
they might be freed from the Demands of the Indians. It will there- 
fore no longer remain a Question, (he said) tho' nothing more than 
this Petition were produced, by whose Authority these Forreigners 
had been encouraged to invade these Lands to the manifest Injury 
of the Proprietor, & to the great abuse of the Indians, who at that 
very time was sealed there, & had their Corn destroyed by those 
Peoples Creatures. And he now hoped that such of this Audience, 
as had been so sollicitous to have the Indians complain of James 
Logan might go away satisfied. They had complained, & they 
were answered. 

Then applying to the Indians, He desired, that tho' those People 
had seated themselves on Tulpahockin Lands, without the Commis- 
sioners Leave or Consent, yet that they would not offer them any 
violence, or injure them, but wait till such time as that matter could 
be adjusted. 

Mr, Hamilton being at the Board, desired the Governours Leave 
to say a few Words, which he did to this effect. 

It was not difficult, he said, to account for the Indians mentioning 
at this time the affair of their Lands, considering the Pains some had 
taken to perswade them they were wrong'd. That having accom- 
pany'd the Governour in his late Journey to Mahanatawny, with 
divers Persons of as good Note as any of this City, on the News 
sent down to us forreign Indians in that neighbourhood, he had heard 



PROVINCIAL COUNCIL. 343 

some things very positively advanced amongst the Inhabitants con- 
cerning this Injustice to the Indians, which as he could not then be- 
lieve to be true, he had wished to see them sett in a true Light, And 
as there were some now present, who had been very free in talking 
to that Purpose he thought it would be most proper for these Per- 
sons in this Audience to declare openly what they had to say, that 
if true it may be known who are to bear the Blame, or if false that 
they may be convinced of their Error. 

Thomas Rutter, Senr. , who had been call'd on by Sassoonan, 
stood up vfe denied he had ever uttered any such thing, as that the 
Indians had not been satisfied for their Lands, &c. 

Mr. Logan further desired the Governours Permission to speak 
to another Point, which tho' proper to be taken notice of at this 
Treaty. Yet he intended it, he said, for the sake of the Audience 
only. 

It was with the utmost astonishment, he said, that he first heard 
the Story he was about to mention, for he could scarce beleive it 
possible that any Man could be so lost to all Sense of Shame as to 
form it, but he had received such numerous Accounts, & from such 
credible Persons of its being said & spread by many, that he could 
no longer forbear beleiving what he had so repeatedly been assured 
of. 

He was sensible, he said, of our present Unhappiness in having 
Divisions fomented amongst us. Great pains were taken to infuse 
into the Minds of such as could be prevailed on, a Spirit of Conten- 
tion & Faction, To divide & confuse, & by any means to perplex 
the Government has been the principal aim of some, the instances of 
it are obvious. But whatever they may do amongst ourselves, it is 
exceedingly wicked to carry their Endeavours amongst the poor in- 
nocent Indians, & to spirit them up to uneasiness by perswading 
them they are wrong'd in their Lands. 

Yet if any thing can be worse, it is that ridiculous, that shameless 
but malicious Story he rose up to speak concerning himself, vizt : 
That the Proprietor had sent him over a vast Quantity of Indian 
Goods, Strowds, & he knew not what, for a Present to the Indians, 
all which (they were pleased to say) he had converted to his own 
Use in Trade. This was a home Push against him, for peiswade 
the Indians of this & nothing can incense them more, That this wild 
& wicked as it is, has been currently said, many of those who now 
heard him speak very well knew. It required indeed avast Stock of 
Assurance to say it, but he was certain none would have so much as 
to own it to himself, they must deeply blush, if it were possible for 
such to blush to acknowledge it. It would have been a great Plea- 
sure to him, he said, to have received any thing of that kind, & he 
would gladly have applied it as intended, but he had been so far from 
making Advantages that way that his own Generosity to the Indians 
had cost him more than he should name. Their malice who invented 



344 MINUTES OF THE 

& spread this Story is to be pitied, but even the Indians them- 
selves have more sense than to beleive it. 

Mr. Hill, first Commissioner of Property, delivered himself to this 
Purpose. 

That it was stipulated at the first Settlement of this Province, be- 
tween the Proprietor William Penn & the Indians, that they should 
sell no Lands to private Persons, or to any besides himself, or his 
Commissioners. And afterwards a Law was Enacted to the same 
Purpose, that all the Purchases made of the Indians by any other 
than the Proprietor or his Agents should be entirely void, which Law 
IS still in Force. The Proprietors Commissioners, in his Absence, 
have ever been strictly carefull to avoid granting any Lands that 
were not first duly purchased of the Indians, nor would they ever 
suffer them to be putt off" from any Lands on which they were set- 
tled, even where they had fully sold all their Right till they would 
voluntarily remove. The Commissioners therefore would never have 
agreed to that Settlement of the Palatines on the Tulpyhockin Lands 
for the Indians were then seated on them, but we see by what Meth- 
ods they were disturbed. The Gentleman then at Helm, not only 
took upon him to order the Settlements of the Proprietors Lands, but 
so far to direct even in these affairs that the application must be made 
to him also, to be freed by HIS AUTHORITY from the Indians 
Demands. 

It fully appears, therefore, where the sole Foundations of these 
Complaints lies, & how groundless all the Noise is, that has been 
made of the Commissioners patenting the Indians Lands. This can 
arise from no other than a mischievous Design to beget animosities, 
and raise a Disaffection in the Inhabitants, And 'tis probable, that it 
is with a view to possess the People with an opinion that all our Trea- 
ties with the Indians, with whom a Friendship has been so carefully 
cultivated from the beginning, & of which we have reaped the happy 
Fruits are only on Affairs of Property & the Purchase of Lands, & 
therefore that the Publick should bear no part of the Charge. The 
contrary of this fully appears iit this time, And when the Proprietor 
or his Commisiioners have occasion to treat with the Indians about 
those Affairs, the Publick has never been troubled with the Expence 
of it. 

The Governour then said. 
"My Friends & Brethren : 

" We have now brightned the Chain & strengthned our League, &: 
" we are as one People. I have commanded all the English, by a 
" printed Proclamation published through all the Countrey, to be kind 
*' to the Indians, which you shall hear read unto you & interpreted. 

And the same was accordingly interpreted unto them, with which 
they appeared highly satisfied. 

The Governour then enquired of them, if they had not heard that an 
an Englishman was killed last Fall by some Indians, at John Burt's 



PROVINCIAL COl'NCIL. 345 

liousc, in Snake town, & whether those Indians belonged to them. To 
which they answered that they had heard of it, that it was not done by 
anv of their People, it was done they say by some of the Menysinek 
Indians. The Governour said, he had received the like Answer at 
Conestogoe from the Indians who mett him there, but that He must 
have Justice done upon the guilty persons, & should demand it from 
that Nation to wch they belonged, that the Chain might be kept 
bright & clean, & every Spott be wiped away, And therefore desired 
to know where those of that Nation lived & under what Head or 
Chief. 

To which they answered, that the Menysineks live at the Forks of 
Sasquehannah above Meehayonriy, & that their Kings name is Kin- 
dassowa. 

The Governour then said : What I have no further to desire of 
you is, that you would send some trusty People amongst the neigh- 
bouring Indians, & if you can to the Five Nations, to acquaint them 
with what has pass'd between us. And I give these shoes and Stock- 
ings (presenting six pair of each) for the Use of those who are lo 
travel, that they may the better bear their Journey. I shall also give 
you Bread, Pipes & Tobacco, with five Gallons of Rum to comfort 
and support You in your Return home. 

This the Indians readily agreed to do, & thus the Treaty ended. 



At a Council held at Philadelphia, August Cth, 1728. 
present: 
The Honble PATRICK GORDON, Esqr., Lieut. Governour. 

James Logan, Samuel Preston, ; ^ , 

Richard Hill, Clement Plumsted. J ^^^ ^■^• 

Isaac Norris, 

Was read a Recommendation of the Justices of Oyer & Terminer 
&L Goal Delivery for this Province, in favor of Morgan Herbert, now 
a Prisoner in Chester Goal, setting forth, that the said Morgan, at a 
Court of Oyer & Terminer & General Goal Delivery, held before them 
atChester, for the said County, on the 21st dayof June last, was legally 
convicted, of aiding & abetting Walter & John Wintersin the Murther 
of certain native Indians, & tho' the said offence in strictness of Law 
may be adjudged Murther, yet that he was no further active therein 
than by being unhappily in the Company of those who committed 
it, & that therefore, & from the application of divers Inhabitants who 
gave a good account of the said Morgan's Behaviour, they were in- 
duced to recommend him as an object of the Governrs. Compassion 
& Mercy, that he may be repreived till the Kings Pleasure is known, 
& released from Prison, upon giving good Security for his future 
Behaviour. Upon which the Governour desired the Advice of the 



346 MINUTES OF THE 

Board, who having considered the sanne are of opinion, that Mercy 
sliould be shown to the said Morgan Herbert, & tliat the said Justices 
be consulted as to the most proper manner of doing it. 



Esq'rs. 



At a Council held at Philadia, August 8th, 1728. 

PRESENT : 

The Honble PATRICK GORDON, Esqr. Lieut. Govr. 
James Logan, Samuel Preston, 

Richard Hill, Clement Plumsted. 

Isaac Norris, 

The Provincial Treasurer exhibited to the Board the Accounts of 
the late Indian Treaties & Charges upon tliem, amounting in the 
whole to Two hundred ninety three pounds ten shillings three pence 
farthing, which Accounts with all ther Vouchers were carefully exam- 
ined, & tho' the same amounts to a considerable Sum, yet all the arti- 
cles therein contained appear to be just ; And therefore it is the opin- 
ion of the Board, that said Account be recommended to the Assembly 
for Payment. 



Esq'rs. 



At a Council held at the Courtho. of Philadia., August 24th, 1728. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governour. 

Richard Hill, Thomas Laurence, 

Wiilm. Fishbourn, 

A List was presented to the Board of the Names of Eighty Pala- 
tines, who with their Families making in all about Two hundred 
Persons, were imported in the Ship Mortonhouse, John Coultas, 
Master, from Rotterdam, but last from Deal, as by Clearance from 
the Officers of the Customs there, bearing Date the fifteenth day of 
June, 1728. 

It appeared upon Enquiry that there was no Special License grant- 
ed for their Transportation, they were then called in, &, having de- 
clared that their Intentions were to settle & live peaceably in this 
Province ; the several Persons, whose names are subjoyned, did re- 
peat & sign the Declaration insei'ted in the Minute of the 21st of 
September last. 

Hans Martin Miller, Uldrick Shurk, 

Hans Jacob Miller, Uldrick Shurk, Jun. 

Hans Lendert Miller, Joannes Shurk, 

Conrad Keer, Dirik Smith, ■ 

Dirik Oordt, Philip Engert, 

Jacob Hoogh, Christopher Sullenger, 



PROVINCIAL COUNCIL. 



347 



Jacob Joost, 
Clement Tonkleberg, 
Pieter Tonkleberg, 
Frederick Tonkleberg, 
Joan Joost, Smit, 
Joan Pieter Melch, 
Venunt Stowfer, 
Michael Honest, 
Godfrey Kenk, 
Joannes Coopntian, 
Bultes Gering, 
Hendrick Raan, 
Michael Scybel, 
Joannes Trankhuy, 
Hans Ulrick Dodder^ 
Hans Dirik Haak, 
Hans Dirik Roodt, 
Jonas Keeler, 
Michael Detemer, 
Martin Schoup, 
Jacob Stown, 
Jacob Brummer, 
Joannes Crist, 
Joan Elbret Keeler, 
Martin Vogelhove, 
Joan Mathias Pieter, 
Joannes Roare, 
Dirik Begtol, 
Jacob Bruelasher, 
Philip Snolt, 
Christopher Benker, 
Peter Middlecalf, 
Christopher Mengj, 
Abraham Wolf, 



Walter Kenler, 
Hans Meyer, 
Wilhelm Dillinger, 
Rodolph Heler, 
Bernard Hensell, 
Joannes Triktingest, 
Stephen Haltsbeilder, 
Joannes Kits Miller. 
Michael Rank, 
Pieter Lorts, 
John Lagerom, 
Frederick Leder, 
Casper Heydering, 
Joannes Edesman, 
Joannes Stock, 
Hans Faks, 
Jonnnes Boot, 
Jacob Kegen hover, 
Chistian Newswang, 
Joannes Kerer, 
Velde Grae, 
Michael Keiler, 
Joannes Weyhelm, 
Joannes Bare, 
Frans Latshow, 
Hans Benlie, 
Jacob Witsel, 
Jacob Heysioe, 
Hans Wolf Dillinger, 
Andreas Evie, 
Hendrick Ishelman, 
Joannes Morgestern, 
Joannes Naycomal, 



Esq'rs. 



At a Council in the Courtho. of Philadia., Sept. 4th, 1728- 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governour. 

Richard Hill, Thomas Laurence. 

Clement Plumsted, 

with other Magistrates of the City. 

A List was presented of the Names of Thirty Palatines, who with 
their Families, making in all about One hundred Persons, were import- 
ed here in the Ship Albany, Lazarus Oxman Master, from Rotterdam, 
but last from Portsmouth, as by Clearance from the Officers of the Cu3» 

29 



348 MINUTES OF THE 

toms there, bearing Date the 22d of June, 1728. It appeared the 
Master had no Special Licence for their Transportation : they were 
then called in, & having declared that they were come hither with In- 
tention to settle <k live peaceably in this Province, the Several Persons 
vhose Names are Subjoyned, did repeat & sign the Declaration insert- 
ed in the Minute of the 21st of September last. 
Georg Frederick Berbesdorf, Hans Jerig Beigel, 

Frederick Christof von Strysflas, Michael Keim, 
Mathias Kaplin, Casper Reshil, 

Daniel Bengal, Alexander Zaartman, 

Simon Shaller, Jacob Weis, 

Philip Showman, Joannes Schenefelt, 

Philip Glaser, Jerig Boog, 

Hans Adam Mire, Jerig Moots, 

Laurence Belits, Jerig Gertner, 

Henry Stelfelt, Andrew Ablin, 

Casper Oort, Plans Miller, 

Fred. Egelberger, John Bloeman, 

Conrad Feboy, Hans Jerig Riger, 

Jacob Danbach, Martin Calb, 

Jacob Beigel, Joannes Earle Keil, 

N. B. This Minute ought to have been Enter'd after the following^ 



At a Council held at Philadia., September 1st, 1728, 
present: 
The Honble. PATRICK GORDON, Esqr., Lieut. Governour. 

James Logan, Clement Plumsted, ^ Esouires 

Isaac Norris, Thomas Laurence. 5 

The Governour informed the Board that on Saturday the 24th 
ulto, he was given to understand that two Indian Traders from Dur- 
ham, whose Names, as he afterwards learn't, are Coarse Froom & 
John Schonhoven, were come to Town, & at a public house had been 
giving an Account of some Disturbances amongst the Indians in 
these Parts, upon which he Sent for them, but they appearing to be 
in Drink, were ordered to attend another time. And that accordingly 
on Monday last, they presented a Paper setting forth that several 
Indians from Pechoquealin, had collected Skins for a Present, in 
order to meet the Governour at Durham Ironworks, in Bucks Coun- 
ty, on a Treaty ; that they sent for Schonhoven, that he might be 
the Bearer of a Message, to desire the Governour would appoint a 
Time to meet them theie, & that while Schonhoven was amongst 
them, an Indian came from Sasquehannah with some Message, upon 
receiving which they, v/ith their Wives and Children, went off from 
Pechoquealin, leaving their Corn standing ; that the Hurry the In- 
dians seemed to be in, gave these two Traders Cause to apprehend 



PROVINCIAL COUNCIL. 349 

some Mischief was on Foot, & that therefore they had taken a Jour- 
ney hither, to acquaint the Governour with it. 

The Governour proceeded & said, he was not so much surpriz'd 
at this, seeing the Message might be supposed to come from the Chiefs 
of the five Nations, who, as we arc told, are now about Conestogoe, 
*Si have a great Power over all our Indians, as he had since been, 
upon seeing a Letter wrote by Antony Sadowsky to John Petty, 
both Indian Traders, v/hich being laid before the Board was read, &; 
is in Substance, that an Indian came to Oley, to one Peter Kilwain, 
6c brought account that all the Indians were removed from Shamokin, 
except Allummapees & Opekasset ; that at the Shawanese town called 
Malson, the Shawanese had hang'd one Timothy Higgins, a Servant 
of Henry Smith's, an Indian Trader, upon a Pole of their Cabin; 
that the Indians were to come down to Philadelphia about the full of 
this Moon, & that it was feared it might not be well with the rest of 
the Indian Traders in those parts, for that the Indians were dissalis- 
fied. The Governour observed, it was not very likely the Indians 
would come here, if they had proceeded to such an Outrage, as 
hanging any of our People ; that there seemed to be an Inconsistency 
in the Relation of this matter, &; therefore he hoped it might not be 
true: And added, that as it highly concerns the Peace &; Safety of 
this Province, to use all necessary Precaution, &: to Enquire not only 
into the Truth of the foregoing Reports, but likewise to find out from 
what Springs these Uneasinesses amongst the Indians have their 
Rise; he had, therefore, now called the Council together to consult 
with them on the most proper Methods to be taken. 

The Board having Entered Seriously upon the consideration of 
what the Governour had said, Observed, that all those Appearances 
of Disquiet among the Indians seemed more & more to confirm the 
information which James Letort gave this Board in April last, & that 
it was not to be doubled but they were, in a great Measure, owing to 
the Practices of Manawkyhickon, who, in Resentment for the Death 
of his Relation Wequeala, hang'd last year in Jersey, has been En- 
deavoring, not only to stir up the Twechtvvcse or naked Indians, 
call'd by the French Miamies, against the Christians, but likewise 
if possible, to sett the five Nations at Variance with the English, 
and that it is to be apprehended his Practices have had some influence, 
because several Chiefs of the five Nations who were expected here 
long since, are not yet come, & our own Indians have likewise ne- 
glected to return according to their Arp<^intment at the late Treaties : 
And altho' the Board do not give Entire Credit to that part of Za- 
douskis' Letter relating to the hanging of Timothy Higgins, as not 
believing that the Shawanese durst proceed to such Insolence, Yet 
they are of Opinion that an Enquiry should be made into the Affair, 
&■ that therefore a Message ought forthwith to be dispatch'd to Shamo- 
kin, to Enquire of Allummapees & Opekasset why they have failed 
in coming hither as they promised, &, to know of Kakow-watchy, the 
Chief of the Pechoquealin Indians, why he left that Place, & his 



550 MINUTES OF THE 

People afterwards removed so suddenly from it, and to acquaint Shi- 
kellima, that as he is appointed (as 'tis said) by the five Nations to 
preside over the Shawanese, it's expected he will give a good Account 
of them ; that they came into this Government as Strangers, & had 
Leave to settle amongst us, the Conestogoe Indians becoming their 
Security, and that 'tis to be hoped they have behaved themselves well : 
And to let them all know, that if any Mischief is done we do ex- 
pect & require they will seize the Persons who are guilty of it, that 
they may be punished, for we must have the same Justice from them 
that they expect from us, & will not be abused. 

It was further considered by the Board, that as the five Nations 
have an absolute Authority over all our Indians, & may command 
them as they please, it is of great Importance to remove any Im- 
pressions that have been made upon them to the Prejudice of the 
English, & that by all means 'tis necessary they should be spoke 
with. It is therefore the Opmion of the Board, that a Message be 
sent to Conestogoe, to John Wright & Saml. Blunston, Esquires, or 
some other of the Justices in those parts, that they may Enquire for 
the Chiefs of the five Nations that lately passed that way towards 
Maryland, & prevail upon them to come down to us, & if they are 
gone off from Conestogoe, that Civility should be sent after them 
with a Message from this Government, to desire them to speak with 
us before they return their own Countrey ; & accordingly Mr. Logan 
was desired to send an Express to Conestogoe, with a Letter to the 
said Justices to be communicated to Civility, & that Henry Smith 
& John Petty should be forthwith sent up to Shamokin with written 
Directions to apply to the Chiefs there, to the purposes hereinbefore 
mentioned. 



At a Council held in the Courtho. of Philadia., Septemr. lith, 

1728. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Govr. 

Thomas Laurence, Esquire, 
with others of the City Magistrates. 

A List was presented of (he Names of Forty two Palatines, who 
with their Families, making in all about Ninety Persons, were imported 
here in the Ship James Goodwill, David Crockat Master, from Rot- 
terdam, but last from Deal, as by Clearance from the officers of the 
Customs there, bearing Dale the fifteenth day of June, 1728» It ap- 
peared there was no special License granted for their Transportation : 
they were then called in, and having declared that they were come 
hither with Intention to settle & live peaceably in this Province, the 
several Persons whose Names are subjoyned, did repeat & sign the 
Declaration inserted in the Minute of the 21st of September last. 



PROVINCIAL COUNCIL. 



351 



Johan Casper Stefter, 

Johan Casper Steffer, Jun'r. 

Uldrick Engelar, 

Andreajf Knaft, 

George Graff, 

Joh. Leon'd Holsteinder, 

Michael Neff, 

Jacob Funk, 

Mathias Firrumsler, 

Johan Egidius Crin, 

Joannes Gurk, 

Johan Leon'd Keller,. 

Isaac Ciison, 

Jacob Herman, 

Thomas Koppenhoffer, 

Christian Graaf, 

Martin Valk, 

Hans Michael Ruiter, 

Martin Moeser, 

Hendrick Philip Seller,. 



Frederick ShoU, 
Jacob Beyer, 
Michael Korr, 
Adam Engeler, 
Loerenc Duir, 
Hans Adam Moosser, 
George Shoemaker, 
Jacob Kin, 
Leon'd Hinker, 
Jacob Meckeling, 
Teobald Meckeling, 
Hans George Seyller, 
Jacob Sint, 
Hans Vierybank, 
Andreas Stickler, 
Hans Jacob Slaure, 
Joannes Ruspag, 
Hans George Metier,. 
Adam Surmer, 



Esq'rs. 



At a Council lield at Philadelphia, Octr, 3d, 1728. , 

PRESENT ; 

The Honble PATRICK GORDON, Esqr., Lieut. Goverr.our. 

lames Logan, William Fishbourn, 

Samuel Preston, Clement Plumsted. 

The several Returns of Shcrifs & Coroners for the respective 
Counties of this Province <fc of Newcastle being laid before the 
Board, the Governour, with the Advice of the Members present, 
named the following Persons to fill those Offices for the year en- 
suing : 

For Philadelphia City & County, Owen Owen & Huge Roberts 
being returned for Sherifs, & Me rick Da vies & John Eyer for Coro- 
ners. Owen is appointed Sherif, & Merick Davies Coroner. 

For Bucks County, Timothy Smith & John Hall being returned 
for Sherifs, & Jonathan VVoolston 6i William Atkinson for Coi-oners, 
Timothy Smith is appointed Sherif, & Jona. Woolston Coroner. 

For Chester County, John Taylor & Philip Taylor being returned 
for Sherifs, & Robert Parke & John Mendenhal! ior Coroners. John 
Taylor is appointed Siurif, & Robert Parke Coroner. 

For New Castle County, William Read & John Gooding being re- 
turned for Sherifs, & Joshua Story & Morgan Morgan for Coro- 
ners. William Read is appo'nted Sherif, & Morgan Morgan Coro- 
ner. 

VOL, III 



352 MINUTES OF THE 

And Commissions are accordingly ordered to the said Persons for 
their respective Offices, the Sherifs giving Security in the Rolls Office, 
as the Law directs. 

The Day following, out of Council. 

Returns being likewise made from the Counties of Kent &, Sus- 
sex, vizt : 

For Kent County, William Rodeney &, Moses Freeman being re- 
turned for Sherifs, & John Jennings & Samuel Beri'y for Coroners. 
Moses Freeman is appointed Sherif, & Samuel Berry Coroner. 

For Sussex County, Rives Holt &. Robert Smith being returned 
for Sherifs, & John Jacobs <Sl Samuel Davis for Coroners. Rives 
Holt is appointed Sherif, &- John Jacobs Coroner. 



At a Council held at Philadelphia, October 9th, 172S. 

PRESENT : 

The Honble PATRICK GORDON, Esqr.,Lt. Governor. 

James Logan, Clement Plumsted, 1 

Samuel Preston, Thomas Laurence. vEsq'rs. 

William Fishbourn, J 

The Minutes of the 1st of Sept'r. & 3d of Octobr., being read &, 
approved, The Governor laid before the Board a Letter he had re- 
ceived from Capt. Civility, acquainting him that several of the Dela- 
ware, Shawanese & Ganawese Indians, were come to Conestogoc, 
& had brought many Skins with them for a Present to the Governor ; 
that they purposed to fulfill their Promise of Coming to Philadelphia 
this Fall, but that the Death of his. Civility's, Child had so much 
afHicted him that he could not come with them, and therefore, they 
had all resolved to defer their Visit till next Spring, at wch time 
they would surel}'' come to the Governor at Philadelphia. 

A Letter from Henry Smith and John Petty, from Shamokin, being 
likewise received, was Communicated to the Board; giving an Ac- 
count that Sassoonan, Opekasset & Shekiilima were sett out from 
thence for Philadia., that they had met Higgins, M'ho w-as said to 
have been hanged, from whom they had understood that some little 
Differences had accidentally arisen between the Indian Traders & 
some of the Shawanese, Si that they were pursuing their Journey to 
get a fuller Information of the whole. 

The Governor then observing to the Board, that upon several Oc- 
casions there is no small Difficulty in getting a Sufficient Number 
of Members together to makeup a Council, proposed an Addition to 
the present Number ; which being thought necessary, and His Hon- 
our having named Mr. Ralph Asheton & Mr. Samuel Hassell as 
proper Persons to be called to this Board, the said Nomination, 



PROVINCIAL COUNCIL. 353 

was unanimously approved, & 'TIS ORDERED, that Messrs. 
Plumsted &> Laurence acquaint them herewith. 

MEMORANDUM, Sassoonan & Opekassei, with several Dela- 
ware Indians, being come to town, waited on the Governour, & de- 
sired he would appoint a Time to hear them, & accordingly, a 
Council was called 

At the Courtho. of Philadia, October 10th, 1728. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governr. 

Richard Hill, Willm. Fishbourn, 

Isaac Norris, Clement Plumsted. ^Esquires. 

Samuel Preston, 



I Esc 



PRESENT, ALSO : 

> Chiefs of the Delaware Indians. 



Sassoonan & 
Opekasset. 

Shikellima, - - of the five Nations. 
Carandowana, alias Robert Hunter. 
Oholykon, a Chief of the Brandywine Indians, 
with several others. 
The Council being mett & the Indians Seated, The Governour, by 
John Sculi, Interpreter, told them that he was glad to see them all 
well, & that now he was ready to hear what they had to say. 
And then Sassoonan, by the said Interpreter, spoke as follows ; 
lie would not, he says, have the Governour take it amiss, that they 
did not exactly come at the time they appointed, for he was taken 
very ill ; that, however, he is now come to see the Governour. 

Then producing a Letter which had been sent him by the Gover- 
nour, he says : He was exceedingly pleased when he received it, & 
that he is so well satisfied with what it contains, that ever since he 
has kept it carefully in his Bosom, & he now returns it to the Gov- 
ernour. 

That he is now come from home to see his Brethren, & that some 
time since, there was a small Misunderstanding between them & us, 
but that it is now all past & gone, for they remembered it no more, 
&, that he is now come hither to make Every thing smooth & easy 
between us. 

That when their Father, William Penn, was in this country, it was 
agreed that both Christians & Indians should joyn in removing all 
Difficulties, & if any Stone or Stump should ly in the Way, that both 
should joyn their Hands together <fe help to remove if, that old men 
& Children might walk safely. 



354 MINUTES OF THE 

That the Governour now sees but a very small Number of their 
People : there are only present some of the Delaware & Brandywine 
Indians, & none of the Shawanese, but the Govr. must not think 
strange of it, because at this time of the year they cannot convenient- 
ly come; that nevertheless, he now speaks in the Name ^- Behalf of 
them all. 

He Says : When he was here in the Spring, he was very well 
pleased with all the Governour then said ; he swallowed it all down, 
& lost not the least part of it, & he now hopes that Every thing 
between us is quiet & easy. 

He wishes that our present Friendship may last as long as the 
Heavens & the Stars therein, <fc that no ill grounded Jealousies may 
ever interrupt it, but that we may ever joyn hands together as Friends 
& Brethren. 

He says the five Nations have often told them that they were as 
Women only, & desired them to plant Corn & mind their own 
private Business, for that they would take Care of what related to 
Peace & War, & that therefore they have ever had good & peacea- 
ble Thoughts towards us. 

That the Mingoes, or Five Nations, have frequently told them, . 
that it was likewise their Desire that Peace & Friendship should 
be still kspt and preserved between us, as long as the Sun should 
rise & sett. 

He says that the Indians have had good Times ever since the 
Christians settled here, & he hopes they will still continue so as long as 
the Sun & the Light shall Endure, & desires there may be no Coldness 
between us, so as to hurt them, or any of their or our Children. 
That what he now says comes from his heart, & he speaks honestly 
& sincerely, for they are not as Words that come from the Mouth 
& are no more thought of; they proceed from his very heart, & 
hopes that what has pass'd between the Governour & him has not 
been anywise misunderstood, & wishes a good Agreement may still 
subsist between us. 

He adds fuither, That last Spring there was a Difference that 
happen'd between them & us, but he does not now lay it to our 
charge ; he believes it was the hand of the Supreme Spirit, or God 
Almighty, & therefore all the Indians think no more of that matter, 
&, they desire what pass'd on that Occasion may be now no more 
remembred. 

He tells the Governour that he hopes all the Differences between 
them & us will be buried deep Si covered up from the Sight, that 
when our <fe their Children, in after times, observe the great Friend- 
ship that has been between us, it may rejoice & gladden their Hearts. 
And he now hopes that all DifTerences are buried, & that the Earth 
round about is made so smooth & Even that their Children may 
afterwards say : This is the Place where Our Fathers & our Brpthren 



PROVINCIAL COUNCIL. 355 

(meaning the Christians) Ended & composed all their Differences, so 
that now there remain no ffootsteps of them. 

What he has now said he hopes all present, both Indians & 
Christians, have heard, &; he will take Care that it shall be made 
Known 6l published amongst their People, as far as it is in his Power 
to do : And that he Will make it Known to the Mingoes, Mahickons 
«fe Shawanese, & no part thereof shall be concealed. 

That he is greatly rejoyced to see the present good Understanding, 
& has no more to add at this time. 

And then presents Eight Bundles of Skins, as a Confirmation of 
all the Words he has now Spoken, &; delivers them in the Name 
of the Mingoes, Delaware, Brandywine &; Shawanese Indians. 

Then the Governour Enquired of them whether they had sent 
Messages to the five Nations, to lett them know what had pass'd at 
the last Treaty. To which Sassoonan reply'd that he was very 
careful of that matter, Si. had sent notice of it in a few days after 
he gott home. 

The Governour then told them that he was pleased with their Dis- 
course, & received kindly what they had now offered, & that to 
morrow he would answer what they had said, & provide Provisions 
for them in their Journey homewards. 

The Council adjourned till nine a'clock to morrow Morning. 

October 11th, 1728. 

Ralph Asheton & Samuel Hazle,, Esquires, named in the Minute of 
the 9lh instant as Persons proper to be added to the Board, being 
introduced to the Governour, did severally taka & subscribe the 
Oaths &> Declarations by Law directed, &, likewise an Oath for the 
faithful Discharge of their Duty as Members of Council. 

At a Council held in the Courtho. of Philadia.,. October 11th, 
172&. 

PllESENT : 

The Honourable PATRICK GORDON, Esqr., Lieut. Governour. 

Samuel Preston, Ralph Asheton, 1 

William Fishbourn, Samuel Hazle. J-Esquires. 

Clement Plumsted, J 

And the same Indians as before. 

The Governour spoke to them by the Interpreter, in these Words : 
" I was troubled to hear Allummapees was sick, but am glad to 

" see him well recovered, tho' he comes later than was expected ; but 

" Sickness & Health are not in our Power. God over rules all 

" things. 

" I am very well pleased with all that was said yesterday ; it was 

" spoke from the Heart of a Friend & Brother, in true Love. Words 



356 MINUTES OF THE 

" are of no Value in themselves, but as the Heart uttereth them. 
" The Governour takes them as the Words of his Brother's Soul or 
" inward Mind, in behalf of all his Brethren, & as such they shall 
" be kept by us in Writing, that they may be remembred forever. 

" As you are now come, tho' few in Number, yet in the Name of 
" all the Delawares, Shawanese & Mingoes amongst us, to declare 
" your Friendship, & their resolution to live in Peace unto the Chris- 
" tians forever, I will again goe over the Links of the Chain made 
" between William Penn &; you, which I repeated to my Brethren at 
" Conestogoe in the Summer, that they may be the more fresh in your 
" Minds, because you have no Writing amongst you, & I desire that 
" you may repeat them over & over again to your Children, ^- to all 
" your People, & to all the Indians that live amongst you, that you 
" may have them at all times stamp'd on your Hearts and fixed in 
" your View." 

Here the nine Articles or Links of the Chain, as in the Treaty 
held at Conestogoe, were briefly repeated. 

Then the Governour proceeded & said. 
" My Brethren : 

" By those you see that we & you are as one People ; we treat 
" you exactly as we do our own People ; we punish those that hurt 
" an Indian, as if they had hurt ourselves. You know those two 
" who killed the Indians this last year, were put to Death as if they 
" had killed Christians; therefore the Indians must make no Differ- 
" ence, they must treat the Christians that come amotigst them as 
" their Brethren, or as themselves, with Love and without Quarrel- 
" ling. And it any Indian should be angry, & have any 111 in his 
" heart towards a Christian, you must seize him & hinder it ; but if 
" any Mischief be done, you must take Care that the Indian be 
" punish'd for it, that we may have the same Justice as if a Chris - 
•' tian had done the wrong. Therefore you must use your Endeavors 
" that the Indians who killed the white man last year at Pex-tang, 
" tho' they were of another Nation, may be apprehended if they come 
" amongst you. 

" And if any Christian do Injury to an Indian, you must, as 
" Brethren, come & complain of it ; but if it be remote in the Woods, 
" you must apprehend the Man that did the Wrong, & deliver him 
" to me, that the Offender may be punished for it according to our 
" Laws, which will suffer no man to hurt another. 

" I accept kindly of your Present, & in Return give you the fol- 
" lowing (loods for your Winter Clothing, to keep you warm, with 
" some Powder & Lead to hunt with, ^ Provisions to support you in 
" your way home, wishing you heartily a good Journey." 

Then the following Goods, which by Order of the Board were gott 
ready, were delivered to the Indians, vizt : 



PROVINCIAL COUNCIL. 357 

6 Strowds, 12 Duffells, 

6 Shirts, Is Barrell Powder, 

12 Blanketts, 1 Cwt. Lead, 

with Bread, Rum, Pipes & Tobacco. 

After which Sassoonan said : That he is rejoyced to hear what 
the Governour has now spoke, & will not only remember it carefully, 
but likewise publish it among all his Friends & Brethren, Si, returns 
thanks to the Governour for what he has been pleased to give them. 

And they all express'd their Satisfaction by a harmonious Sound 
peculiar to them, in which they all joyned. 

It was afterwards considered by the Board what Present might be 
proper to be made to Mistress Montour & her husband, Carandowana, 
& likewise to Shikellima of the five Nations, appointed to reside 
among the Shawanese, whose Services had been «fc may yet further 
be of great Advantage to this Government ; And it was agreed 
that Five Pounds in Bills of Credit, should be given to Mistress 
Montour & her husband, & two Strouds, one Blankett, one Shirt &. 
Gun, to Shikellima, his Wife & Daughter ; & then the Counci'l 
adjourned. 



At a Council held at Philadelphia, Octobr. 15th, 1728. 

PKKSEKT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governour. 

Richard Hill, Ralph Asheton, "| 

Samuel Preston, Samuel Hazle. i- Esquires. 

Thomas Laurence, J 

The Representatives of the Freemen of this Province, Elected 
tl^e first instant, having mett yesterday in Assembly, in pursuance of 
their Charter & the Law m that Case made &, provided, wailed this 
day on the Governour to present to him their Speaker. 

And David Lloyd, Esq'r., addressing himself to His Hon'r, ac- 
quainted him that the house had been pleased to chuse him to be 
their Speaker ; that he knew it was usual on the like Occasions, to 
decline that Charge, & to request the Governour that the House 
might be desired to proceed to another Choice, which, he said, was 
generally look't upon as a Form only ; But that he now Entreated 
the Governour would look upon that Request from him as his hearty 
Desire, & he made no Doubt but the House would find a Person better 
qualified for that Office. To which the Governour answered, that 
he could not but approve of the Houses prudent Choice of him to be 
their Speaker ; that his known Abilities & long Experience, every 
way qualify him for the Discharge of that Trust, & that therefore 
he could not excuse him. The Speaker then desired that the Gover- 
nour would protect them in their Rights & Privileges as a House ; 



558 MINUTES OF THE 

That they might have free Access to his Presence, & have a favoura- 
ble Construction putt on their Proceedings ; Which the Governour 
readily promised. And then the House withdrew & the Council 
adjourned. 



At a Council held at Philadelphia, October 26th, 1728. 
present: 
The Honble PATRICK GORDON, Esqr., Lieut. Governour. 

James Logan, Clement Plumsted, "J 

Richard Hill, Thomas Laurence, i- Esquires. 

Willm. Fishbourn, Samuel Hazle. J 

The Minutes of the preceeding Council being read «fe approved — 

The Governour acquainted the Board that be was informed Mr. 
French, the Clerk of New Castle county, died yesterday; whereby 
sevl. Offices which he held there were now become vacant, <fe seeing 
it would be necessary to fill them with able & well qualified Per- 
sons, he desired the Board would advise him as to those following, 
whom he proposed to commissionate, vizt : David French, Esqr., now 
Attorney General, to be Clerk of the Peace &, Prothonotary of the 
Court of Common Pleas for the said County ; Roberi Gordon, Es- 
quire, one of the Justices, to be Register of the Probate of Wills, 
and for granting Letters of Administration; &; William Read, Esqr., 
another of the Justices, to be Clerk of the Orphans Court ; & in 
case the Board should think well of Mr. French's Appointment, he 
proposed that Mr. William Shaw should succeed him as Attorney 
General. 

Then the Governor laid before the Board a Letter, dated the 22d 
currt., signed by ten of the Justices of the Peace for Newcastle 
County, then mett at the Court of Quarter Sessions, & a Petition of 
Peter Evans, upon both which the Governour desired their Opinion. 

And the said letter was read, setting forth, that inasmuch as the 
Death of Colonel French was soon to be look't for, they hoped the 
Governour would not only appoint fitt & well qualified Persons to 
succeed him in his Offices, but likewise such Persons as reside &, 
live among them, according to the Laws & Constitution of their 
Government; it being the Sentiments of all their Inhabitants, that 
as well their Records ought to be kept within their Government, as 
that their Officers ought to reside therein. 

Then was read the Petition of Mr. Evans, setting forth that he 
having a Right & Title to the Office for Probate of Wills, and 
granting Letters of Administration in & for the Counties upon Dela- 
ware, by Patent from the Honourable William Penn, Esquire, late 
Proprietor, & having been kept out of Possession of the said Office 
by John French, lately deceased, humbly prays to be admitted tothe 



PROVINCIAL COUNCIL. 359 

Enjoyment & Possession of the said Office according to the Tenor of 
his Patent. 

The Board having Enter'd into the Consideration hereof, Observed, 
that the granting of Patents for Publick Offices generally made the 
Officers less carefull of their Charge, & less soUicitous to please, than 
those who only hold them at Pleasure. And 'twas considered in the 
present Case, that since Mr. Evans enjoys by that Patent the 
Office of Register for the Province, & resides at Philadelphia, it 
would be a very great Hardship if the Inhabitants of the Counties 
should be obliged to come up here whenever they had occasion to 
apply to that Officer, & that it was even to be questioned whether 
they would submitt thereto, being expressly Contrary to a Law of 
that Government, whereby it is declared that no Office within the 
same shall be held by any Person, unless such Officer live & reside 
in the County wherein he holds his Office, which Law the Majis- 
trates have in View by the foregoing Letter, when they desire, rn 
the Appointment of their Officers, that Regard may be had to their 
Lav/s & Constitution. 

The Board is therefore of Opinion, that the Office aforesaid ought to 
be supply'd by some Person residing in the County, who ought to give 
good Security for the Faithful Discharge thereof, & that Mr. Evans, 
if he thought himself aggrieved, may have Recourse to the Law. 
And then the Board agrefd to the nomination of the Several Persons 
before mentioned, to their respective Offices; but observed, that as 
the due Prosecution of Criminals tends very much to the Reputation 
of a Government, & that the present Attorney General had acquitted 
himself in that Office to the general Satisfaction of the Counties, 
& was very well qualified for the office now to be conferred on 
him, it might not be improper to continue him Attorney General for 
some time, &. that if another is appointed, Mr. French would under- 
take to assist him in the Public Prosecutions. 

It was remarked by one of the Members, that Mr. Evans, when 
he received his Pat<^nt from the late Proprietor, agreed to pay a 
certain Sum yearly to a Widow Gentlewoman, a Relation of the 
Proprietors, but that ne had kept back one half thereof for some 
years past, on Pretence he was not admitted to \he full Enjoyment 
of the said Patent. And 'twas moved whether it would not be rea- 
sonable that those who Enjoy these Offices in the respective Coun'ies 
upon Delaware, should not make good that Sum so withheld, or in 
Proportion. And the same was left to the Governour's Considera- 
tion. 



360 MINUTES OF THE 

At a Council held at Philadia, Decemr. I6th, 1728. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governour, 
James Logan, Clement Plumsted, ~) 

Isaac Norris, Ralph Asheton, lEsq'rs. 

Samuel Preston, Samuel Hazle. J 

William Fishbourn, 

The Governour laid before the Board a Draught of a Speech 
which he proposed to make lo the house of Representatives of the 
Province, who were to meet this day, pursuant to their adjournment, 
&, desired their Opinion thereon ; &l at the same time acquainted 
them that a Resolve of that House at their last meeting was 
presented to him, touching which he was now to take the Advice of 
this Board, because it would be necessary to make Mention thereof 
in the Speech; and the said Resolve being read, is in these Words : 
"October 16th, 1728. 

" Upon a Motion made & Question putt, that inasmuch as there 
" has been of late several Indecencies used towards the Members 
" of Assembly attending the Service of the Country in Philadelphia, 
" by rude & disorderly Persons, unknown to this House; Therefore 
" Resolved, that it be humbly submitted to the Consideration of the 
" Governour & Council, to make such Order for the Place of next 
" meeting of the Assembly of this Province, as to them shall seem 
" most safe for the Members of Assembly & most convenient for the 
" Dispatch of the Business of the Country. 
" Past in the Affirmative." 

Whereupon the Board Exprcss'd their Concern that any occasion 
should be given to the House for such a Request, & unanimously 
agreed that a ;^reat Regard ought to be had thereto ; but inasmuch 
as a Removal from Philadia. may be attended with some Inconveni- 
encies, considering the Severity of the Season & shortness of the 
Days, & may give some Delay in the Settlement of the public Ac- 
count with the Offices which are kept here, it may be more expedient 
that the Session should be held here for some time; & if on further 
Experience the House shall continue in the same Sentiments, that a 
Removal is necessary. The Board are of opinion that the same 
ought to be adjourned to Chester, as the most convenient place for 
their meeting next to Philadelphia. 

The Speech was then read, (the first part thereof was made agreea- 
ble to the Mind of the Board above express'd,) & some Alterations 
being made was approved. 

The Council then adjourned till to morrow Morning, at which time 
the House was to have Notice to attend the Governour. 



PROVINCIAL COUNCIL. 361 



It a Council held at Philadelphia, Decemr. 17th, 1728. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieutenant Governour. 

Samuel Preston, Thomas Laurence. "| 

William Fishbourn, Ralph Asheton, lEsq'rs. 

Clement Plumsted, Samuel Hazle. J 

The House of Representatives, acccording to Order, waited on the 
Governr., to whom he made the Speech agreed to in the preceeding 
Minute, which is as follows : 

" Mr. Speaker & Gentlemen of the House of Representatives : 

" I am perswaded you will not think it proceeds from any Disre- 

" gard to your Message to me at your last Adjournmsnt, that your 

" present meeting has not been appointed in some other Place than 

" this City, in which your Members had been indecently treated ; 

" For, as ever since my Arrival amongst you it has not only been 

*' my Inclination, but fixed Purpose, to devote myself to the Service 

" of the Country committed to my Care, I should take a much 

" greater Pleasure in attending that Service with the People's Repre- 

" sentatives, wheresoever their Safety & best Conveniences for the 

" Dispatch of Business might call them, than in consulting my own 

" Ease, or that of my Family; but having laid this matter before 

"rthe Council, as the Charter Enjoyns, they are of Opinion that, 

" considering the Severity of the Season, with the shortness of the 

" Days, & that the Settlement of the public Accounts, which is one, 

" considerable Article of the Houses Business, can no where so con- 

" veniently be done as where the Offices are Kept, it may be more 

" expedient to hold your Session at least for some time here, & then, 

" if on further Experience you find Reason to continue in the same 

*' Sentiments, that another Place will be more suitable, they agree 

*' with me that you should adjourn to Chester, which, next to Phila- 

" delphia, seems the most convenient Place for your Meeting. la 

" the mean time, Gentlemen, I must puti you in mind that a Legis- 

*' lative Assembly, in Conformity to a British House of Commons, 

" is invested with a very great Authority. I hope, therefore, you 

" will not be wantmg, as well in Regard to yourselves as succeeding 

" Assemblies, to make all such Sensible of their Error who shall 

" dare to treat it with any Indignity, in which you shall have my 

*' ready Concurrence, if necessary, as you shall in every thing else 

" that may tend to the true Interest & real service of the Publick. 

" It is your Zeal for that service, & our Unanimity, Gentlemen, 
" that will most effectually contribute to extinguish the small Re- 
" mains of a Faction, raised up by the Deepest Ingratitude, &i 
" cultivated by means that I hope will be of no long Duration ; For, 
" when on the one hand, I observe that the ancient Settlers, the most 
" substantial & judicious of the Inhabitants, who are most deeply 
" interest'd in the Peace &, Prosperity of the Country, are generally 



562 MINUTES OF THE 

" every where easie, & the Dissatisfied are made up of some restless 
" Persons amongst ourselves, joyned by other turbulent Spirits from 
" abroad, who, having been uneasy at home thro' the meanness of 
" their Condition, or Want of Room lo display their busie Humours, 
" tho' they have but very litt'e at Stake, & scarce any thing but their 
" Noise & Clamour to distinguish them, think fitt to Discharge 
" themselves here, to the Disquiet of a good & peaceable People ; 
" And while even the most uneasy amongst these cannot point out 
" one real Grievance in the Administration, for I am sure there shall 
" be none that is in my Power to Prevent or remedy; when these 
" things, I say, are considered, I see no Reason to doubt but that 
" many of those who have been misled, will, on due Reflection, re- 
" cover themselves, & see how much Union & Order are preferable 
"to Division &; Confusion, & therefore resolve lo study the Ways 
" that lead to their own Peace, as well as that of the Publick ; for 
" this 1 conceive is the only thing wanting to render the People of 
" Pensylvania as happy amongst themselves as any now in the 
" Universe. 

" The better to effect this, I must earnestly exhort you. Gentlemen, 
" in all your Proceedings, to exert that Courage & steady Resolution, 
" with a becoming Gravity & Solidity,* that should ever attend the 
" Powers of Government, & those concerned in dispensing them. 
" Government is sacred. It is from God himself, for the Punishment 
" of Evildoers & the Praise of them that doe well. As you, there- 
*' fore, are one part of the Legislature, which in every Government 
" is the Supream, & are the Grand Inquisitors of the whole Province, 
" I now seriously recommend it to you, to consider what Laws already 
" in being require to be reinforced, & what new ones may be neces- 
" sary to be enacted for encouraging of Virtue, Sobriety & Industry, 
" the only means by which a Country can flourish, & for suppress- 
" ing Disorders of every kind, «fe more effectually securing to the 
" People their most momentous Privileges, against every Attempt 
" to invade them. And so far as the Execution of any of these 
" shall depend on me, you may assure yourselves that all the Vigi- 
" lence & Care shall be applied, on my Part, that may contribute to 
*' procure to us that Tranquility which every good Man & lover of 
" his Country must sincerely wish to see Established. 

" What relates to the necessary Provisions for the Exigences of 
" the Government, with other matters that may require your atten- 
" tion, I shall leave to your own Consideration, and as any thing 
" further occurs' it shall be communicated to you by Messages; Only 
" I must make Use of this first Opportunity to acquaint you, that I 
" have now positive Orders from Britain to provide by a proper 
" Law, against those Crowds of Forreigners who are yearly pour'd 
*' in upon us, of which the late Assembly took notice in a Message 
" to me of the 18th of April last. Nor does this arise, as I con- 
" ceive, from any Dislike to the People themselves, many of whom 
" we know are peaceable, industrious & well affected, but it seems 



PROVINCIAL COUNCIL. 3S3 

'* principally intended to prevent an English Plantation from being 
" turned into a Colony of Aliens. It may also require our Thoughts 
" to prevent the Importation of Irish Papists &. Convicts, of whom 
" some of the most notorious, I am credibly informed, have of late 
" been landed in this River. 

"I shall now only add, Gentlemen, that as we are bless'd in a 
" Sovereign who makes the Happiness of ail his Subjects the prin- 
" cipal View of all his Reign, & in Proprietors who, I am well 
" assured, have nothing more seriously at Heart than the Prosperity 
" of the People who hold under them, I hope for the future, there 
" will be no other Contention known amongst us than who shall 
*' be most forward in making suitable Returns, with gratefull ac- 
" knowledgements to Heaven, for the vast Privileges we Enjoy." 

The Provincial Treasurer laid before the Beard an Account of 
Expenses by him disbursed, on the Treaty with the Indians at 
Philadia. in October last, amounting to Sixty four Pounds fourteen 
shillings and three pence, the Vouchers whereof being examined & 
approved, the same is recommended to the Assembly for Payment. 
The Treasurer Likewise produced the Account of the Sale of the 
Presents made by those Indians, amounting to Twenty pounds two 
Shillings & four pence, for which Sum he is to give the publick credit. 
An Account was also exhibited to the Board by John Petty, who, 
tojether with Flenry Smith, was by order of Council of the 1st of 
Septemr. last, sent up to Shamokin, on a Message to the Chiefs of 
the Indians there ; And the Board taking into Consideration the Fa- 
tigue by him undergone in the Journey, at a time when several 
Reports of Disturbances amongst the Indians made it necessary to 
dispatch Messengers thither, are of Opinion that the said Petty 
be allowed Ten pounds, in full for his Expences & Trouble on that 
Occasion. 



} 



At a Council held at Philadia., Febr. 6th, 1728-9. 
present: 
The Iloi.ble PATRICK GORDOxN, Esqr., Lieut. Govr. 

James Logan, William Fishbourn, 

Richard Hill, Clement Plumsted, J- Esq'rs. 

Isaac Norris, Samuel Hazle. 

Sannuel Preston, 

A Petition of the Inhabitants of the upper parts of Chester County 
was laid before the Board & read, setting forth, that by Reason of 
their Great Distance from the County Town, where Courts are held, 
Officesare Kept, & Annual Elections made, they Iv under very great 
Inconveniencies, being Obliged in the Recovery of their just Debts, 
to travel near One hundred miles to obtain a Writt ; that for Want 

VOL. III. 



364 MINUTES OF THE 

of a Sufficient Number of Justices, Constables & other Officers, in 
those parts, no Care is taken of the high ways ; Townships are not 
laid out, nor Bridges built, when there is an apparent Necessity for 
them; &. further, that for Want of a Goal there, several Vagabonds 
& other dissolute People harbour among them, thinking themselves 
safe from Justice in so remote a Place : And therefore praying that 
a Division Line be made between the upper & lower part of the 
said County, & the upper part thereof Erected into a County, with 
all the immunities. Rights & Privileges which any other County of 
this Province does now Enjoy; 

The Board taking the same into Consideration, are of Opinion that 
the Governour is fully impowered by Virtue of his Commission, to 
grant the Prayer of the Petition, if the Same shall appear necessary; 
but as it is a matter of some Moment & will require a mature De- 
liberation, It was moved & agreed that the further Consideration 
thereof should be deferr'd till to morrow at nine a clock, beforenoon, 
to which time the Council is adjourned. 



At a Council held at Philadia., February 7th, 1728-9. 

PRESENT : 

The honble PATRICK GORDON, Esqr., Lieut. Governour. 
James Logan, Clement Plumsted, "| 

Richard Hill, Ralph Asheton, lEsq'rs. 

Isaac Norris, Samuel Hazle. J 

Willm. Fishboum, 

The Minutes of the three preceeding Councils being read & ap- 
proved, The Board according to Order, entered into the Consideration 
of the Petition in the Minute of Yesterday, touching the Division of 
Chester County, and after the same had been fully considered & 
debated, the Board came to the following Resolution : That, as well 
for the Reasons set forth in the said Petition, as the Security, Peace 
& good Order of the whole Government, there doth appear a real Ne- 
cessity that a new County should be Erected, according to the Prayer 
of the said Petition ; And Aliho' the Po\\S)r of Erecting Counties is 
wholly vested in the Proprietary, & therefore in the Governour, as 
his Lieutenant, yet, inasmuch as this will require the Establishment 
of Courts of Judicature, with other Alterations, for which a due 
Provision will best be made by a Law, It may be convenient that 
the Governour should acquaint the House of Representatives now 
sitting, with the Application made to him, that the same may be car- 
ried on with, & strengthened by the joint &. unanimous Concurrence 
of the whole Legislature. 

Then the Accounts of Nicolas & John Sculls & Anthony Zadous- 
ki, of Expenses by them disbursed, and for their Trouble on several 
Messages to the Indians, were presented to the Boaid & read, But 



PROVINCIAL COUNCIL. 365 

no Mention being made of the Time by them Spent in those Services, 
by which the Board may be the better able to judge what allowance 
is proper to be made to them, 'TIS ORDERED that the Clerk desire 
them to amend their Accounts in that Point, & that they be laid before 
the Board at their next meeting. 

Upon a Motion made in behalf of Henry Smith, who, together 
with John Petty, was sent to Shamokin on a Message to the Chiefs 
of the Indians there, by order of Council of the 1st of September 
last, that he be allowed the like Sum which by this Board was 
thought proper to be given to the said Petty, for his Trouble & Ex- 
pense in that Journey, RESOLVED, That the Sum of Ten Pounds 
be paid by the Provincial Treasurer to the said Henry Smith, in full 
for his Service on that Occasion. 



At a Council held at Philadia., February 20th, 1728-9. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governour. 

Richard Hill, Clement Plumsted, "J 

Isaac Norris, Thomas Laurence, i-Esq'rs. 

Samuel Preston, Samnel Hazle. J 

The Minutcis of the preceeding Council being read &. approved, 
The Governour informed the Board that pursuant to the Resolve of 
last Council, he had acquainted the House of Representatives with 
his Intention to Erect the upper part of the County of Chester into 
a separate County, in which they had concurretl, & desired that an 
equal Number of the Inhabitants of the Lower & Upper Part might 
run the Division Line ; And therefore, he was now to recommend 
to the Board to chuse fitt & well qualified Persons for that Service, 
& to consider of proper Directions for their Guidance therein : And 
after due Consideration thereof, 

'TIS ORDERED that Henry Hayes, Samuel Nutt, Samuel Hol- 
lingsworth, Philip Taylor, Elisha Gatchel, James James, John 
Wright, Tobias Hendricks, Samuel Blunston, Andrew Cornish, 
Thomas Edwards & John Musgrave, or the Major Part of them, 
calling to their Assistance John Taylor, the Surveyor of Chester 
County, meet at some convenient place near Octeraroe Creek or 
River, & cause a mark'd Line to be run from the most northerly or 
main Branch of the said Creek Northward, or to the East or West 
thereof, as it shall be found most convenient, to the next high Ridwe 
of barren or uninhabited Hills that trend from thence to Schuylkill 
River, keeping as near as may be to the Ridge of the said Hills, & 
to proceed along the Ridge thereof, yet v/ith as kw Changes in the 
Course as their Situation will admiti, and fixing the same to the most 
conspicuous, natural & durable IMarks, that may be the least subject 



366 MINUTES OF THE 

to Uncertainty or Variation ; to be Bounded Southward by the 
Southern Bounds of Ihe Province, & Easlwardly the said Octeraroo 
Creek ,• and from thence the Northern Line to be by them run as 
aforesaid, to the said Hills, from thence the said Line along the 
said Hills to Scluiylkill, & from thence the main northern or east- 
erly Branch thereof, above the Forks of the said River, to lie open 
to the Westward and Northward till further Order shall be given 
therein ; And to make Report of their Proceedings to this Board. 



At a Council held at Philadia., Febry 21st, 1728-9. 
rKKSENT : 
The Honbie PATRICK GORDON, Esqr., Lieut. Governour. 
Richard Hill, Clenr.ent Plumsted, "1 

Samuel Preston, Ralph Asheton. S-Esq'rs. 

Willm. Fi&hbourn, J 

The Minutes of the preceeding Council being read & approved, 

A Bill sent up from the House of Representatives, Entitled An 
Act for Erecting of Pounds in Each Township of this Province, was 
then read, To which several Objections were made, as that it would 
occasion a very great Charge, which is to be assessed & levied at 
the Discretion of the Ovetseers of the Poor, without the Interposition 
of a Magistrate, with several other Inconveniencies ; And that a 
Supplement to the Law now in force for Erecting & maintaining of 
Pounds may better answer the End Proposed than this Bill, which 
appears not to have been sufficiently considered. It was therefore 
Ordered, that Mr. Flill & Mr. Plumsted carry back the said Bill to 
the House, & acquaint them with the Objections made thereto. 

Then were read two other Bills, Vizt: A Supplement to that part 
of the Act for raising County Rates & Levies, relating to the killing 
of Wolves ; And a Supplement to the Act Entitled An Act to pre- 
vent Swine running at large. Which were Ordered to be returned 
To the House without any Amendment. 



At a Council held at Philadelphia, March 5th, 1728-9. 

PRESENT : 

The Honbie PATRICK GORDON, Esqr., Lieut. Governour. 
James Logan, Samuel Preston, "^ 

Richard Hill, Clement Plumsted, vEsq'rs. 

Isaac Norris, Thomas Laurence. J 

The Minutes of the two preceeding Councils being read & ap- 
proved, 

A Bill sent up from the House of Representatives Entituled, AN 



PROVINCIAL COUNCIL. 367 

ACT for the Emitting of Fifty thousand Pounds in Bills of Credit, 
& for the better Support of Government & the trade of this Province, 
was then read, & the further Consideration thereof deferr'd till 
Monday, the 10th Currt., to which Time the Board Adjourned. 



lEsq'r 



At a Council held at Philadia., March 10th, 1728-9. 
pbesent: 
The Houble PATRICK GORDON, Esqr., Lieut. Governr. 
Richard Hill, Clement Plumsted, 

Isaac Norris, Thomas Laurence, ^Esq'rs. 

Samuel Preston, Samuel Hazle. 

William Fishbourn, 

The Bill for emitting Fifty thousand Pounds in Bills of Credit 
being again read by Paragraphs, the following Points were proposed 
to be first Considered, vizt : 

1st. The Sum now proper to be Emitted. 

2d. At what Interest, 4' 

Sdly. The Term of Repayment. 

And Each of these being fully spoke to and debated, It is the 
Opinion of the Board : 

That Sixty thousand Pounds for the whole Currency of this Prov- 
vince, or Twenty five thousand Pounds Addition to the Sum now 
circulating, may be sufficient. 

That the Interest ought to continue the same as before, vizt : five 
per Cent ; «Sj The term for Repayment be ten years, or at most not 
exceed twelve ^^ a half, as in the former Acts of the like Nature. 

It was then proposed 4' agreed to, that the House should be de- 
sired to make some Provision for Sterling Payments, &, the Pro- 
prietary Quittrents, for it was to be feared if these were affected by 
the Bill it would meet with great Opposition at home. The Consid,» 
eration of the other Parts of the said Bill was deferr'd till next 
meeting of Council. 



At a Council held at Philadia., March 13th, .1728-9. 

PRESENT : 

The Honble PATRICK GORDON, Esquire, Lieut. Governour. 

Richard Hill, Clement Plumsted, "| 

Isaac Norris, Samuel Hazle. lEsq'rs. 

Samuel Preston, J 

The further Consideration of the Papermoney Bill was resumed, 
& the whole being gone through, the Several Amendments, pursuant 



368 MINUTES OF THE 

to the Sentiments of the Board at their former Meeting, with many 
others of less Importance, were all Ordered to be draw n up & car- 
ried in with the said Bill to the House at their next Meeting. 



lEsq'i 



At a Council held at Philadia., March 20th, 1728-9. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governour. 

Richard Hill, William Fishbourn, 

Isaac Norris, Thomas Laurence, 

Samuel Preston, Samuel Hazle. 

The Governour laid before the Board a letter he had Yesterday 
received from the Governour of Maryland, touching the new Coun- 
ty to be erected in this Province, which being read, & it appearing 
that the same proceeds upon a Misinformation, as if the Persons who 
were to run the Division Line were to begin at the Mouth of Octo- 
raroe Creek, which is claimed as within the Limits of Maryland, 
instead of the Head of the said Creek, as mentioned in the Order 
for lying out the same. The Board are of Opinion that a Copy 
of said Order be sent to the Governour of Maryland, accompanied 
with a Letter from the Governour, to show him what Caution has 
been used in directing the Boundaries of the Said County, so that no 
umbrage might thereby be given to the Government ot Maryland. 

The Governour then acquainted the Board that he had considered 
the amendments proposed to be made to the Bill for emitting more 
Paper Currency, but was doubtfull whether it would be to any Pur- 
pose to send them to the House untill the Chief Points should be 
adjusted : For tho' he was sensible that the said Currency had been 
of Service to the Country, & was heartily disposed to favour the 
People's Inchnations by some reasonable Addition thereto, yet that 
the Bill as it now stands, cannot be well reconciled to the Order of 
the Board of Trade of the 1 1th of May, 1726, to which he Con- 
ceived he is in Duty bound to pay all due Obedience, & that therefore, 
if any such Bill is to be passed by him, it must be in a Manner 
consistent with his Duty and Honour ; that he resolved, notwith- 
standing the idle talk without Doors, & People's common prejudices 
on this Subject, to lay the Case on this very Point, in plain terms 
before the House, that they may be induced to consider the same 
seriously, & to proceed on a safe and honourable Footing ; That 
he had not yet fully digested his Thoughts, nor reduced them to 
writing, which he intended to do by Monday next, to which time the 
House had adjourned, & that if the Board would then meet, he should 
be glad to have their Sentiments of the same. 

Hereupon the Members were of Opinion, that since the bill had 
been read & considered by this Board, & several Amendments made 



PROVINCIAL COUNCIL. 369 

thereto, it would be proper that they should be drawn up ^ carried 
in to the House. But if the Governour conceives, from the Order of 
the Board of Trade or any other Instruction he has, that he cannot 
safely agree to the said Bill, It's left to the Governour's Prudence to 
acquaint the House therewith in such manner as he shal think most 
proper. 



March 25th, 1729, 

MEMORANDUM. The Governour having last night received a 
Message from the House, acquainting him that they were mett & 
desiring to know what he had to lay before them, did this day return 
the Bill for emitting Fifty thousand Pounds in Bills of Credit, with 
the following Message : 
Gentlemen : 

" During your Recess I have very seriously & carefully consider- 
" ed your Bill for emitting more of Our Paper Currency, and as it 
" is a subject that has thoroughly employed my Thoughts, I shall 
" deliver them to you in the plainest manner. That there is Occa- 
" sion for more ot that Currency amongst us I am fully perswaded, 
" and I heartily Avish there were no Objections against making a 
" reasonable addition to it imrhediately : but there are some which 
" so nearly affect the very Being of our Currency, that I cannot 
" believe by the Tenour of this Bill, that they have as yet been suf-^ 
" ficiently considered. 

" You cannot be unsensible. Gentlemen, that Publick Business in 
" Britain is transacted by proper Councils ■& Board'*, appointed by his 
" Majesty, for managing the Several Branches of it, & of what regards 
" these Plantations the Board of Trade has the general Directions ; 
" agreeable to their Reports or Representations, all His Majesty's 
" Orders that relate to us are issued, for they are his Council for 
" such affairs, as his privy Council is for those of Government. 
" Their Orders, therefore, are to be considered as coming from His 
" Majesty himself, for those from the Throne have scarce ever, I 
" believe, been known to vary from Reports or Opinions of that 
" Board. 

*' Now it ought to be remembred, that having received a Letter 
" from their Lordships but two days before a former Assembly mett, 
" on the 14th of October, 1726, in Discharge of my Duty 1 
*' communicated it to that House, & afterwards furnished them with 
" a Copy of it, & in case that should not be at hand I now send you 
" another. By this Letter you will perceive that the Secretary of 
" the Board, by command from their Lo'ps, having recited the 
" Titles of four Several Acts of this Province relating to our Paper 
" Currency, expressly says, that ' If any further Acts are passed 
'''•for Creating more Bills of Credit than those already issued, their 



370 MINUTES OF THE 

" Lordships ivill certainly think themselves obliged to lay (hem 
" before His Majesty for His Disallowance. 

" If from the preceeding Words in the same Paragraph, where it 
" is said, that if it were not out of Tenderness to those Persons 
" into whose hands the Mils issued in Pensylvania may have 
" passed, their Lordships would lay the aforementiond Acts before 
" His Majesty to be repealed, ' it should be presumed, thai the same 
" Tenderness may again prevail on their Lordships, We should also 
" Consider, that the same Board caused an Act for a Paper Currency, 
" pass'd not many years since in Barbadoes, to be repealed after 
" the Bills were actually emitted Sf passing thro' the hands of 
" the Subjects, to the unspeakable Loss, as I have been informed, of 
" the Inhabitants of that Island. And if a Plantation of so much 
" Importance to the Crown, <.^ so much Valued by it as Barbadoes, 
" was used with such Severity, it will require us very seriously to 
" consider what we may expect here, after we have had plain 
" Warning. 

" That their Lordships' Apprehensions of the Inconveniences at- 
■*' tending such Bills of Credit in this Province arise from some 
" Misinformation or Mistake, I endeavoured to show their Lordships 
'* in my Letter to their Board, dated the 15th of December, 1726, 
" of which a Copy was communicated to the Assembly then sitting, 
" & is in Print. But the Agent to whom that House sent if, from 
" his Doubt of the Success, as it appears by his Answers, has not 
" it seems had the Courage to present it, which ought to be a further 
" Addition to our Caution. 

" it is therefore absolutely necessary Gentlemen, that we should 
" very seriously consider vvhat means we can use that a reasonable 
*' Expectation of Success can be founded on, to procure any addition 
" without hazarding the Loss of the Bills after they are dispersed 
" into the hands of the People as so much real money : for what- 
" ever our Hardships now are, such a Loss would prove infinitely 
" greater, & plunge us in the utmost Confusion. 

" As for my part, I am so fully convinced of the Conveniences 
"' that would attend the further Emission of such a moderate Addi- 
" tion to our Currency as would not endanger the sinking of its 
" Credit, that I shall as willingly promote it as any man who would 
" think himself oblig'd to give a rational Account of his Conduct ; 
" but this can never be, without shewing a dae Deference to the 
" Royal Authority under which we have the Great Happiness to 
" live, <^- from which we derive all our Protection. 

" It is our Glory as well as Happiness, I say, that we are Sub- 
" jects to the Crown of Britain, under which & the Proprietor, we 
" enjoy all our vast Privileges. And as the whole Country seems 
*' unanimous in what is now before us — the Desire of an Addition 
" to our Bills of Credit — t^ I have the Pleasure to Observe there is 
^' not one Person I advise with, who agrees not with me in the same 



PROVINCIAL COUNCIL. 371 

" real Inclinations to promote it, let us therefore all endeavour, 
" with the like Unanimity, to obtain what is proposed by methods 
" truely worthy of rational Men «5- dutifull Subjects, for by such 
" means alone we can expect the desired Success. 

" But in order to render this practicable, I must Observe that the 
" Sum must be moderate &, not too large. Sixty thousand Pounds 
" for the whole Currency of the Country is thought to be the ut- 
" most we should crave. 

" To prevent its sinking in Value, the Interest ought to be contin- 
" ued the same as before. Five per Cent, is very moderate, and less 
" will be disadvantageous to its Credit. 

" The term in the Bill for repaying it appears too long. I would 
" propose, if a Method can be found to include the whole Currency 
" in one Act without Hazard, that it should continue re-emitting for 
*' ten years, ^' then sink in ten years afterwards ; the Accounts 
" may be thus most easily ^ clearly kept, as I am assured by those 
*' who have had the most Experience in them, and you are sensible 
'• the Country would be freed by it of a considerable Charge as well 
•' as Trouble, for the future. 

" But in order to remove Objections against it in Britain, as well as 
" to be just, some particular Provisions ought to be made for all ster- 
" ling Payments; for while these are affected by the Bill, or the 
" Consequences of it, we may ever expect Opposition at home, 
" which by this Provision might perhaps be totally removed. And 
*' common Justice will tell us, that every Man ought to have the 
" Real Value of what he bargained for without being injured by Law, 
" which should secure Men's Rights <$* not abiidge them. 

" The Bill having been considered by Paragraphs in Council, some 
'' further Amendments are made which may be of Use when those 
" most momentuous Points are concluded, in the mean time I here- 
" with send them. 

" When it is drawn clear of such material Objections, I doubt 
" not but when I, with the Council, Assembly, &; all the Merchants 
*' «S' Gentlemen of Note in the Place, whose Concurrence I hope is. 
" fully to be depended on, shall universally joyn in a humble Repre- 
♦' sentation to His Majesty & to his Council, for us, vizt: The 
*' Lords Commissioners for Trade <.y Plantations, to be negotiated 
'• by a proper Agent, furnished with a sufficient Sum of Money from 
" hence, we may then with good Reason hope for the Royal Appro- 
" bation to the Act, or at least that it shall not be repealed, ^ then ■ 
" we shall be secure. And this I most Earnestly recommend to your 
" farther serious Consideration. 

SI 



372 MINUTES OF THE 

At a Council licld at Philadia, March 31st, 1729. 

PRESENT : 

The hoiiblc PATRICK GORDON, Esqr., Lieut. Governr. 

William Fislibourn, Ralph Asheton, ") 

Clement Plun sted, Samuel Hazle. I Esq'rs. 

Thomas Laurence, J 

The Assembly of this Province having represented to the Gover- 
nour, by their Address of the 2Qth currt. now read, that several 
menacing Speeches had been used towards some Members of their 
House, as well as private Persons, whereby tlie Publick Peace was 
like to be endangered, therefore humbly pray that a Proclamation 
may be issued, lor the more effectual suppressing all Riots & Disor- 
ders, & for putting in Force the Statute made in the first year of 
His I ate Majesty King George, Entitulcd, An Act for preventing 
Tumults &; riotous Assemblies, & for the more speedy and ellectual 
punishing the Ricters ; And a Draught of the proclamation to the 
purposes aforesaid being presented to the Board, the same was read 
& ajiproved, & Oidercd to be sealed & forthwith published, &L is in 
these words. 

" BY THE HONOURABLE PATRICK GORDON ESQ'R., 
'■'• Lieut. Governour of the Province of Pensylvania & counties of 
" Newcastle, Kent »5c Sussex, upon Delaware. 

" A PROCLAMATION. 

•' WHEREAS, several dissolute & disorderly Persons, pressed 
" by their nece>sitous Circumstances, do daily crowd into this Pro- 
" vince, as well from Parts beyond the Sea, as from our neighbouring 
" Colonies, &: bringing with them Dispositions incompatible with 
" that good Order, Peace and Unanimity which are acknowledged 
" by all rational Men to be the foundation as well as Glory of all 
" Civil Societies, & fomented by some restless Persons amongst 
" ourselves, disafiected to the Peace & Prosperity of this Government, 
" endeavour to raise heats & animosities amongst the Inhabitants, 
" instead of that mutual Love & Benevolence which has hitherto, 
" under the Divine Providence, been their Protection, & for v, hich 
" this Province has till of late years been remarkably conspicuous, 
" since its first Settlement under our late Honourable Proprietor, 
" from whom, under His Majesty, we derive all those Liberties «S; 
" Privileges which have raised the Reputation of this Province, &: 
" endeared to us the Memory of our Honourable Founder. These 
" Persons, actuated by such Principles & encouraged by such In- 
" cendiaries, setting at naught the just Powers of Government and 
»' the obedience duo thereto, have had the assurance even to menace 
" some Members of the Representative Body, now mett in Assembly 
" at Philadelphia, as well as private Persons, to the disturbance of 
" the Peace & Delay of the publick Service, as has been fully rep- 
" resented to me by an Address from that House, declaring tiieir 



PROVINCIAL COUNCIL. S7S 

'* Abhorrence of such Practices, & praying that the Laws now in 
" Force in England against Riots may, pursuant to a Law of this 
" Province, be vigorously putt in Execution ; THEREFORE, being 
*' firmly resolved to proceed with all due Severity against such Of- 
" fenders, their Aiders &, Abetters, I have thought fitt by <fc with the 
" Advice of the Council to Charge, & I do hereby strictly charge 
*' and command all Persons whatsoever within this Province, & par« 
" ticularly within the City of Philadelphia, that they carefully Keep 
" His Majesty's Peace within the same. And for that End I hereby 
" strictly charge & Require the Mayor, Recorder, Magistrates & 
" other Officers of the City of Philadia, all Justices, Sherifs, Con- 
" stables & other Officers within the Province of Pennsylvania, to 
♦' whom the Conservation of the Publick Peace doth more immediately 
" belong, to be vigilant & carefull in the Discharge of their respective 
" Duties, &. in case of any Riots, Tumult or other Disorder, they im- 
" mediately putt in Execution against all such Riotors, their Aiders 
" & Abetters, the Statute made in the first year of the Reign of Our 
" late Sovereign Lord KING GEORGE, of blessed Memory, Enti=. 
" tuled An Act for preventing Tumults & riotous Assemblies; ^' for 
" the more speedy ^' effectual punishing the Rioters, Hereby En- 
'• joyning the Justices of His Majestys Peace to cause the said Act 
" to be published at the respective Courts of Quarter Sessions for 
•' each County of this Province, and the Mayor & Recorder of 
" Philadelphia to doe the same at the Court of Quarter Sessions for 
*' the said City. And I do moreover strictly Charge & Command 
♦' the respective Sherifs in this Province, to hold theiiiselves & their 
" Officers in a Readiness, upon occasion given, to raise the Posse 
" Comitatus, as the Laws of Britain in such Cases direct, to quell 
" & reduce by Force all Tumults, Riots <$• Disorders which may 
'' happen within their respective Baily wicks, &; the Offenders to seize 
" (§- apprehend, in order to be committed to Prison <!j- proceeded 
" against according to the Direction of the said Statute. 

" Given under my hand ^- the Great Seal of the said Province, at 
" Philadelphia, the thirty first day of March, in the second year of 
" the Reign of our Sovereign Lord GEORGE the Second, by the 
" Grace of God King of Great Britain, France & Ireland, Defender 
" of the Faith, &c., Annoq Domini \7-29. 



P. GORDON. 



GOD SAVE THE KING." 



April 2d, 1729. 
MEMORANDUM : The Papermoney Bill being yesterday again 
brought up to the Governour, ^- it appearing that the House had con- 
ceded to none of the material Amendments proposed, except the 
Abatement of the Sum from Fifty to Forty thousand Pounds, Hi* 
Honour sent for the House & spoke to them as followes : 



3-74 MINUTES OF THE 

" Mr. Speaker <^ Gentlemen of the House of Representatives. 

" I can scarce express my astonishment upon perusing the Bill for 
" Emitting more Paper Currency, as you have now returned it to 
" me. when I observe there is not the least Amendment in any of the 
*■' material. Points mentioned in my Message of Tuesday the 25(h of 
*•' March conceded to, except the Abatement of the Sum from Fifty to 
''' Forty thousand Pounds, which is still greater than the most eager 
" for a Paper Currency that I meet or can converse with, think either 
'•' proper or reasonable for us. 

" Surely you have not considered that one full half of the Powers 
" of Legislature is lodged in me, t^ that I represent both His Majesty 
" fy our Governour in Chief, otherwise I might have expected to have 
*' heard your Reasons for such a Conduct. I am very sensible there 
" are some amongst us who, on certain unjustifiable Projects, would 
" be better pleased to see the Bill rejected than that I should have 
** the Pleasure of doing an Act so much for the Service of the Peo- 
" pie of Pensylvania. But as there has always hitherto subsisted 
" a perfect good Understanding between the Assemblies of this 
" Province ^ me, since my first arrival, I hope your House, Gen- 
'^' tlemea, will resolve efTectually to disappoint all such dishonourable 
" Views. 

" I have openly declared myself a Friend to our Paper Currency, ^• 
" desirous to promote an Addition to it in such a manner as I can ac- 
" coun; f()rto His Majesty <^ my superiors. We are both agreed on the 
•' Necessity of the thing, but unhappily differ in the manner of doing 
" it. I am for the cautious fy most i-ecure part, for the Interest of 
'^ the whole Country ; and tho' I am of Opinion that the postponing 
'^ the Emission till His I\Iajesty's Ilojal Assent can be had to the 
" Bill, may give great Delay, yet I bslieve another Expedient may 
'.' be found s^fe ^ honourable for us both. You on the other hand, 
" apprehend there is so little Danger of a Repeal, that 3-ou have; 
'• even blended our present Currency with the sum to be emitted by 
'* this Bill, by which we evidently hazard both ; & indeed'lis strange 
*' that while we are endeavouring for more money, we should risque 
" the sum we now have, <^ by grasping at too much wc may probably 
" loose all. For whatever Construction People are pleased to putt 
'-' upon the Directions of my Lords Commissioners of Trade ^- PJan- 
" tations, I think myself obliged to pay a due Deference to that 
•' Honblc Board, as His Majesty's Council in what regards the Inter- 
'■' est 4' Prosperity of His American Colonies. 

" There has been already too much of your Time spent to littla 
'^ Purpose. I am sorry, yet sure that I am not to blame for it. If it 
" is really intended that the Necessity we are under should be relieved 
*^ by a reasonable Addition to our Paper Currency, the means I think 
'^ are not very difficult, in which I shall most chearfully joyn, for I 
'* have nothing so much at Heart as giving Ease fy Satisfaction to 
''* the People of this Prpvince., But if it should be insisted on that; 



PROVINCIAL COUNCIL. 375 

*' this Bill, in the Terms 'tis now conceived «^* none other, must an- 
*' swer the End proposed, it will be evident to all Men who will cooly 
** consider it, that the People's Disappointment will not lie at my 
« Door." 

To which the House, oa the 3d of April, sent the following Ad> 
dress in Answer ; 

" May it please the Governour, 

" It is with great Concern we find ourselves disappointed in ob- 
" taining the Governour's Approbation to the Papermoney Act, in 
" which we have spent so much Time ^ Pains, & iho' we could not 
" agree to all the Amendments proposed by the Governour. yet we 
*' hope it will not from thence be inferred that we have come short of 
" the Respect which is duo to the Governour's Judgement ; for we 
*' conceive it the undoubted Privilege of the House to judge of any 
" Amendments made by the Governour, & only agree to them as 
" they seem just & agreeable to the true Interest of the People whom 
'• we represent. And we take Leave to assure the Governour, that 
" as it is our earnest Desire to provide for the Necessities of the 
*'• People of this Province, by an addition to our Paper Currency, 
" so we shall not be wanting to do every thing on our parts that we 
" can conceive safe &, honour&ble, for effecting that good End. But 
" forasmuch as this House cannot clearly apprehend, from any thing 
**' hitherto said to us by the Governour, what it is in which we differ, 
" We humbly propose that the Governour will be pleased to agree to a 
" Conference with this House, in order to clear up those Difficulties 
" which we seem to lye under, in not rightly understanding th« 
" Governour's Several Messages on the Subject of ojr Paper Cur- 
" rency. 

" Signed bj Order of the House." 

DAVID LLOYD, Speaker. 



April 4th, 1729. 

The Governour at the Request of the IIoKse mentioned in the 
foregoing Address, did this day appoint a Conference at his own 
House, where "were present of the Council, 

Richard Hill, Clement Plumsted, 1 

Isaac Norris, Thomas Laurence, lEsq'rs. 

Saml. Preston, Samuel Hazle. J 
William Fishbourn, 

And the Speaker with the ^vhole House. 

The Governour opened the Conference, & the Debate turned 
Chiefly on these five Points ; 



376 MINUTES OF THE 

1st. That Forty thousand Pounds addition to our present Curren- 
cy would be too large a Sum, & that Twenty five thousand pounds 
might be sufficient. 

2d. That it would injure the Credit of the Money to reduce the 
Interest from 5 to 4 per Gent. 

3d. That to prevent any Opposition to the Bill in England a 
Provision be made for Sterling Payments, &; especially the Proprie- 
tary Quitt rents. 

4th. That the term for Repayment be ten years : & 
5th. That to show a due Deference to the Orders of the Lords 
Commissioners for Trade & Plantations, the money should not be 
emitted till the Act be laid before their Lordships, in order to obtain 
the Royal Assent to the same. 

Which Points being fully spoke to & debated, the House withdrew 
4; the Conference Ended. 



April 5th. 

The Gavernour upon mature Deliberation & the best Advice he 
eould have, thought fitt next day to send a Message to the House 
desiring that three of their Members might attend him, which being 
ordered accordingly, His Honour told them to acquaint the House 
that he having considered what pass'd in the Conference of yesterday, 
was of Opinion That twenty five thousand Pounds may be a suf- 
ficient Addition to our Currency, but if it is thought too small He 
will agree to Thirty thousand Pounds. 

That the Interest be kept up to five per Cent, 

That the Term for Repayment be twelve years & a half, agreeable 
to that in the former Bills : But, 

That he must insist the Bill should not take place till nine Months 
after passing it, & then he would use all his Interest to gett the same 
confirmed at home. 

N. B. Upon the Application of the House the Governour receded 
from the Nine Months, & agreed that the Emission should be on the 
1st of October next. 



May Ist, 172Q. 

The House having requested the Governour to appoint some time 
prior to the 1st of October for the Emission of the Money, His 
Honour was pleased to condesend thereto, & named the 15th of Sep- 
tember for that Purpose. 



PROVINCIAL COUNCIL. 377 

At a Council held at Philadelphia, May 2d, 1729. 

PRESBXT : 

The Honble PATRICK GORDON, Eaqr., Lieut. Governour. 

Richard Hill, Thomas Laurence, "l 

William Fishbourn, Samuel Hazle. y Esq*rs. 

Clement Plumsted, J 

A Return being made by the Order dated the 20th day of Februa- 
ry last, for running a Division Line in the County of Chester, dc 
settling the Boundaries of the County to be Erected in the back parts 
of this Province towards Sasquehannah, pursuant to the Minute of 
Council of the 20th of said February, the same was read, approved 
& confirmed, & is in these Words: 

" Pursuant to a Warrant from the Honourable Patrick Gordon^ 
" Esquire, Lieutenant Governour of the Province of Pensylvania 4* 
" Counties of Newcastle, Kent & Sussex upon Delaware, bearing 
" Date the 22d day of February last past. We whose Names are here- 
" unto subscribed, mett together on the .17th day of March, 1728-9; 
" near the head of the Northern Branch ofOcteraroe Creek, & with 
" the Assistance of John Taylor, Surveyor of the County of Chester, 
" run a Line from the said Branch to the River Schuylkill, according 
" to the Courses following, vizt : Beginning on a Corner marked 
" White Oak standing on the Eastern side of the said Branch on the 
" Land of John Minshnll, thence North East by North five hundred 
" <S£ Eighty Porches to a Chestnut Oak standing on the top of a 
" barren Mountain at the head of the Branches of the said Octera- 
" roe Creek, thence alon^ the said Mountain North East by East 
" three hundred &. forty Perches to a Chestnut Tree, thence North 
" North East four hundred and forty Perches to a wliite Oak, by a 
" Branch of Pequea Creek, thence continuing the same Course along 
" the said Mountain four hundrcd& Eighty perchesto a Chestnut Oak, 
" thence North by East seven hundred Perches to a white Oak near 
" a small Branch of Bran ly wine Creek, thence North by West six 
" hundred & sixteen Perches to a Chestnut tree standing on the Top 
" of a Mountain at the head of the Western Branch of the said 
" Brandywine Creek, thence East North East along the said Moun- 
" tain two thou'^and two hundred & twenty Perches to a Chestnut 
" tree near the Wesierti Branch of the French Creek, thence North 
" East by East thrc^e hundred & fifty Perches to a red Oak, thence 
" North East one hundr 'd & ninety Perches to a Chestnut Oak near 
" another Branch of the said French Creek, thence North East by 
*' North two thousand one hundred Perches to a Corner marked 



378 MINUTES OF THE 

** White Oak standing by the said River Schuylkill, about three 
'* Quarters of a Mile below the House of John Burroughs." 
Henry Hayes, Tobias Hendricks, 

Samuel Hollingsworth, Samuel Blunston, 

Philip Taylor, Andrew Cornish, 

Elisha Gatchel, Thomas Edwards, 

James James, John Musgrave. 

John Wright, 

And the upper parts of this Province described as aforesaid, are 
hereby declared to be Erected, & are accordingly Erected into a 
County, by the name of LANCASTER COUNTY. And'Tis Ob- 
DEKEu that the same be signified to the House of Repiesentatives, & 
the Return laid before thorn for their Direction in describing the Boun- 
daries thereof in the Bill now before them for establishing Courts of 
Judicature, &c. within the same. 

Then was read the Bill for Erecting of Pounds as amended by 
the House, to which the Board agrees, & 'tis Ordered to be returned 
& engrossed. 

The Bill for emitting Papermoney again sent up was likewise rend. 
'•It appeared the House had agreed to reduce the Sum to Thirty thou- 
sand Pounds, to make the Interest five per Cent, but had kept up the 
Term for Repayment lo sixteen years, &, had likewise added two 
Clauses, One for lending the Sum of One thousand Pounds to the 
Mayor & Commonalty of the City of Philadelphia, for building an 
Almshouse for the poor of the said City, <fe the Other for delivering 
iwo thousand Pounds to Trustees, in the Bill mentioned for building 
a House for the Representatives to meet & sitt in General Assembly 
in the said City. 

And the said Bill being agreed to, vi^as ordered to be returned to 
the House wirhout any further Amendment except this, that the 
Oovernr should endeavour if possible to gett the Term of Sixteen 
years reduced to twelve & a half. 



May 6th. 

MEMORANDUM : The following Message with fhe Papermoney 
Hill, was this day sent from the Governour to the House : 

" Gentlemen : 

" I herewith send you the Bill for Emitting Papermoney, to which 
*' I shall not now make any other Objection, if you think it sufficiently 
** guarded, than, having expected to see the Term for sinking it fixed 
*' at twelve years & a half, as I desired it, I find myself oblig'd, the 
** longer I consider it, the more to press that it]may be reduced, for 
•* these Reasons : 

*' To have such different Terms for repaying our Bills must neces- 
•' sarily occasion a great Confusion in ihe Accounts of the office, which 
" at best will be but too perplexed. 



PROVINCIAL COUNCIL. 379 

" That usefull Re-emitting Act in granting a longer Term in this, 
" will be of much less service to the Country, for 'tis very probable 
*' that most of the Borrowers may covet to take up Money on this 
*' Act only, while the Bills paid in on the other may lie dead in the 
" office. 

" It is a general prevailing Opinion, & especially in Britain, that 
" the lower the Interest & the longer the Term is the Money will be 
" of less Credit; And as the last Bill for the same Sum & on the same 
" Interest was for twelve years & a half, their Lordships of the Board 
" of Trade will conceive this to be so much worse than the former 
" by all that Difference, and of Consequence be so much the more 
•• inclined to disapprove it. 

" To which I must add, that if it be seriously considered it will 
" not be found so much to the real Interest of tlie Borrowers to have 
" an Opportunity of lying longer in Debt, as some may imagine. 
" For certainly it is a Disadvantage to any Man to have his 
" Estate incumbered, if he reaps not a much greater Benefit some 
" other way. 

" Upon the whole I must desire it of you, that as I am most imme- 
*' diately answerable for the Acts I pass, I may be made easy in 
" them ; but I can never be easy to pass an Act that shall be more 
" disadvantageous to the Currency than any of those that have al- 
" ready been passed in this Province. 

" I take this further Opportunity, Gentlemen, earnestly to recom- 
" mend to you the Dispatch of all such other Bills as are necessary 
" to prevent the growing Disorders in this Country. You cannot 
" but be sensible how much a Provision of this kind is wanted; I 
" desire you therefore without Delay, to enter into the further Con- 
" sideration of the several Parts of my first speech to you, & while 
" we are guarding against the Inundation upon us of such as may add 
" to these Disorders, you cannot but think with me, that it is absolute- 
" ly necessary to enable the Inhabitants on Sasquehannah to exert 
" the Powers of Government in those Parts where great Numbers of 
*' the worst seek a shelter in hopes of Impunity in their greatest Dis- 
" tance from a more regular Administralion of Justice, I must therefore 
*' desire, that you would also dispatch the Bill for erecting those parts 
" into a County, agreeable to the Steps I have already made in it, that 
^' all those Bills may be passed together &, be transmitted home by the 
" Opportunity that will now very shortly offer." 

To this Message the House returned the following Answer : 

" May it Please the Governour : 

" The House have most maturely considered of that part of the 
*' Governour's Message relating to the Term of years proposed as 
*' an Amendment to the Bill for emitting a Paper Currency, <fc beg 
*' Leave to say, that we conceive any Alteration from the Bill as it 
•" now stands, will really render it less serviceable for the good Ends 



380 MINUTES OF THE 

" for which it is proposed, and for that Reason we hope the Govern- 
" our will approve of the Bill as it has been laid before Him by this 
" House : And as to the other parts of the Governour's Message, 
" we have taken the same into Consideration, &, are giving all possi- 
" ble Dispatch to the Business recommended to us by the Governour. 
" Signed by Order of the House." 

DAVID LLOYD, Speaker. 
May 6th, 1729. 

The Governour reply'd. 
That he would have no further Contention about the Bill, but since 
the House seems so zealously inclined to have it pass as it now stands, 
he will agree to it. 



At a Council held at Philadia., May 8th, 1729. 
present: 
The Honble PATRICK GORDON, Esqr., Lieut. Governr. 
William Fishbourn, Ralph Asheton, 



} 



Clement Plumsted, Samuel Hazle. ^Esq'rs. 

Thomas Laurence, 

A Bill sent up from the House Entituled An Act for Erecting the 
upper parts of the Province of Pensylvania, lying towards Sasque- 
hannah, Conestogoe, Dunnegal, &c., into a County, was read, to 
which it was proposed & agreed that a Clause should be drawn up 
& sent to the House, to be inserted therein, for continuing all such 
suits & actions as are now depending in the County of Chester, 
against any inhabitant of the County of Lancaster, & that the same 
may be brought to Issue in the said County of Chester ; which with 
some other small Amendments, were Ordered to be carried down with 
the Bill. 

Then the Governour recommended to the Board to consider of 
proper Persons to be appointed Justices of Peace of the said County 
of Lancaster, & be commissionated for the Office of Sherif & Coro- 
ner, and the following Persons were named for Justices, vizt : John 
Wright, Tobias Hendricks, Samuel Blunston, Andrew Cornish, 
Thomas Edwards, Caleb Peirce, Thomas Reid «fe Samuel Jones, 
Esquires. 

Robert Barber was likewise appointed Sherif, & Andrew GaU 
braith Coroner. And Commissions were ordered to be prepared 
accordingly. 



PROVINCIAL COl'NCIL. 381 

At a Council held at Philadia. May 9th, 1729. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governour. 

James Logan, Ralph Asheton, 

William Fishbourn, Samuel Hazle. 

Thomas Laurence, 

A Bill sent up from the House, Entiluled An Act for continuing 
& establishing a Ferry from the Landing place of Joseph Kiikbride, 
over Delaware River at the Falls, was read & ordered to be returned 
without any Amendment. 

The Bill for Erecting the upper parts of the Province into a Coun- 
ty being again sent up, it appeared the House had added a Clause to 
the same Effect with that proposed by this Board, 'Tis ordered there- 
fore, that the Bill be sent down & engrossed. 



'' 1 

S-Esq'r 



At a Council held at Philadia, May IGth, 1729. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governr. 

Richard Hill, Thomas Laurence, "] 

William Fishbourn, Ralph Asheton, vEsq'rs. 

Clement Plumsted, Samuel Hazle. j 

Two Bills sent up from the House, vizt : An Act for laying a Duly 
on Negroes imported into this Province : &, 

An Act laying a Duty on Forreigners &; Irish Servants, &c. im- 
ported into this Province, were read; the first was agreed to without 
Amendment &; ordered to be returned : But to the other some few 
were proposed, & being drawn up were ordered to be carried in with 
the Bill. 

And the Clerk of the Council reported to the Board that the House 
had agreed to the said Amendments. 

EODEM DIE, P. M. 

The House of Representatives waited on the Governour, & the 
Speaker presented the foUmving Bills to be passed into Laws, which 
were accordingly by the Governour passed into Laws of this Province, 
<fc Warrants were issued for affixing the Great Seal thereto, vizt: 

An Act for Erecting of Pounds in each Township of this Pro- 
Tince. 

An Act for laying a Duty on Negroes, imported into this Pro- 
vince. 

An Act Laying a Duty on Forreigners <^ Irish Servants, <Sic. 
imported into this Province. 



S82 MINUTES OF THE 

An Act for Erecting the upper parts of the Province of PensyJ- 
vania lying towards Sasquehannah, Conestogoe, Donegal, &c., into a 
County. 

An Act for continuing and establishing a Ferry from the Landing 
place of Joseph Kirkbride, over Delaware River at the Falls. 

A Supplement to that part of the Act for raising County Rates 
4" Levies relating to the Killing of Wolves. 

A Supplement to the Act Eniituled An Act to prevent Swine 
running at large : & 

An Act for Emitting of Thirty thousand Pounds in Bills of 
Credit for the Better support of Government and the Trade of this 
Province. 

Before passing the last mentioned Act the Governour spoke to the 
House as followes : 

" Gentlemen : 

" I am now to pass the Bill agi'eed on by us for the Emission of 
" Thirty thousand Pounds more of a Paper Currency, about which 
" so great ^ so undecent a Noise has been made in some parts of 
" this Province, that to prevent the Insults intended by some misled 
" People spirited up to Mischief, we were obliged to putt a late Act 
" of Parliament in Force amongst us ; What Misrepresentations 
" have been formed — what false Notions propagated — &; what Acts 
" & Methods have been used to impose on the Inhabitants, & in 
" some measure by whom, it cannot be supposed that I am ignorant. 
" But I must hereupon lepeat what I have diverse times had Occasion 
•' to say, that no Man in the Province is more truly and sincerely a 
" Friend to this Currency than I am, nor is there one Person in my 
" Council but who has ever appeared to me, & I am well assured, not- 
" withstanding the unsufferable Abuses with which they have been 
*' loaded, truly is a very hearty Friend to it, & crave nothing more 
" than that we may always have it on such a footing as may render 
" it really usefull to us, by answering the true Ends of a Currency, 
*' that is, that it may ever be Kept up to the Value, or very near it, 
" for which it was first struck, for in Proportion as it declines from 
" this, 'tis manifest that it becomes a public Loss. 

" I shall also further observe that notwithstanding all the tur- 
*' bulent Noise that has been made, it is more owing, I have now Cause 
*' to believe, to the Endeavours of those who have unjustly been rep- 
*' resented as Enemies to the Currency than to its pretended 
" Friends, that we have this Bill at all. And I heartily wish that no 
" Means may be used by any of those who were loudest in their 
" Clamours for it, to render the Currency fruitless to us by soliciting 
*' a Repeal : For it is but too manifest from what we have seen of 
" late, that the Confusionof this Government is what a certain Party 
" amongst us have Principally at Heart. As for my part, I assure 
" you that all my interest at home with my best Endeavours, shall 
"* be applied towards obtaining the Royal Sanction to it, or at least 



PROVINCIAL COUNCIL. 383 

•' in preventing its Repeal ; with which firm Resolution I now pass 
" this Bill for Emitting Thirty thousand pounds in Bills of Credit 
" into a Law of this Province, desiring at the same time, that all due 
" Care be taken to gett them well & carefully printed on good Paper, 
'• & that they may be signed in a Readiness to be issued at the time 
'' appointed. 

" I must further desire you Gentlemen, upon your retiring to your 
" respective Habitations, that you would take proper Methods (for I 
" am sure it is every good Man's Duty) to possess the Minds of the 
" People with just Notions of Government, to animate them to Peace, 
" Industry, & all those Virtues that make truly for their own greatest 
'^ and best Interest. And at your next meeting I hope you will pro- 
" ceed to the Consideration of what may be further necessary to 
" reduce us to some Degree of that Tranquility which, with a due 
" sense of God's Favour to us, & rational Endeavours to make the 
" best use of them, we might happily enjoy. 

Then the House withdrew, & adjourned till the 11th of August 
next. 



At a Council held at Philadia, May 26th, 1729. 

PRKSENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governour. 
James Logan, Ralph Asheton, > p , ^ 

Richard Hill, Samuel Hasel. 3 ^^ 

PRESENT ALSO 

Tdwcnna, 

Ganyatoiouga, ^ Chiefs of the Conestogoe Indians. 

Taquatarensaiy, als. Ci 

Amawoolit, 

Peyhiohinas, ^ Chiefs of the Ganawese. 

Yaochkonguess. 

Peyashickon, 

Whawyaygamen, ^ Chiefs of the Delawares. 

Saykalin. 

With several other Indians. 
Mr. Peter Bizallion, ^ 

& > Interpreters. 

Mr. John Scull, ) 

The Governour told the Indians that he was very glad to see them, 
and that according to their Desire he had called his Council together 
to hear what they had to say. 

Civility then said that none of the Shawanese are now come, 
b3cause unhappily, having spent all their Provisions on Rum, they 
are oblig'd to stay at home to provide Subsistence for their Families 



- , I 

civility, J 

} 
} 



S84 MINUTES OF THE 

by hunting, but that they have contributed equally in the Presents 
now to be made, and desired those now present to speak in theif 
Name. 

Then directing his discourse to the Governr. he said : 

That the Governour did not come to see them at Conestogoe tht 
first year after his Arrival, being hindred by Sickness & Business, 
but that last year he came to see them, for which they were very 
glad, & then spoke to them particularly about the Death of those 
Indian People that were then killed. That the Governour then ex- 
pressed his Si all the English People's Sorrow for their Death, iV 
they were afflicted with them, tho' those that were killed were not of 
their People, but that they are now come to desire the Governr may 
grieve no more but that the Memory of the whole may be entirely 
buried in the Ground <fe never be remembred. 

That the Governour, the English & Indians, are all as one People 
& one Body, that if tliey had received any thing on their Stomachs 
that was harsh & unpleasant, they must bring it all up, purge it out 
and cleanse their Hearts, that they all may be pure «Si clean & re- 
main all the same People & Body as before. 

That if there has been any Uneasiness between us, or any Cause 
of Grief, it must be all done away ; they are now come for that Pur- 
pose ; they will sweep the House clean & make the floors all white 
so that there shall not the least Spot of Blackness remain. 

That what the Governour said to them at Conestogoe pleased them 
much : it was all right & good : they had never any such speech 
made to them since William Pcnn was here : And as the Governour 
then spoke they desire it may so continue, that they may be 
ever the same ; and that the Candle of Love should always burn, 
and that there should never any Uneasiness subsist between us. 

The Conestogoe, Delaware, Shawanese & Ganawese Indians all 
agree together in what he has said, & resolve forever to conlinue in 
the same Love & Friendship with the English as one People, & as 
they all joyned together in what was said last Spring at Conestogoe, 
they are now come hither to repeat the same. 

As they are all one People with the Christians, so their Children 
must be the same as the Children of the same Parents, for they are 
all come from the same Father & Mother. 

That as the Governr desired last year at Conestogoe, that tht 
Roads between Philadia, Conestogoe & the five Nations should be- 
clear & open and free from all Grubs & Thorns, & every thing that 
can give any OfTencc, they find it is truly so, and are resolved that it 
shall so remain while they live. 

That last year the Governour told them that the English & Indi- 
ans must help each other as Brethren whenever they meet, that they 
desire it may be always so; that the English may help them in their 
Wants & the Indians shall always assist the English when they meet 



PROVINCIAL COUNCIL. 386 

fnem in the woods ; ihey will treat them with clean Food, d: in pure 
vessels, they will eat together out of one clean & white Dish without 
any Spot, as a MARK of the Cleanness of their Hearts. 

That not only the Indians that were at Conestogoe last year, but 
likewise those of the whole Country, were pleased with what then 
passed, and that the Presents then delivered to them were divided into 
the smallest parts, that it might reach all the Indians every where & be 
read as a Lelter. 

Then TAVVENNA stood up & said : 

He never spoke since William Penn was here till last Spring, & he 
now speaks the same again to the Governour. That Willliam Penn 
in his house in this town, told them they must be one Body & he 
now says the same ; they are not to be as People bound together to 
each other, tho' the Bonds were ever so strong, tho' they were of 
Iron, for even in that case the one may suffer ^- the other escape, 
but they & we, as William Penn said, must be as the same Body, half 
the one & half the other, that cannot be divided, that each may both 
have Joy & Pain alike, as the same Body without any Division. 

William Penn said that as both Nations were to be the same Body, 
so if by any stroke that Body were to be divided down the middle 
into two parts so that they fell as'sunder, This should be looked upon 
as the Act of Providence, which neither could lielp or be blamed 
lor. 

William Penn further said, that if all the People around us should 
differ one with another, yet we must not differ but continue the same 
in Love & Peace; that the Indians ought not hastily to goe out to War 
but rather should study Peace, & that if they were attacked he & 
his People would be ready to defend them, for that we are all as 
one People. William Penn told the Indians that he loved them all; 
their Men, Women & Children, and that he held Councils with them 
to perpetuate the Remembrance of his Affection towards them, that 
the Friendship he had established with them was to last for many 
Generations; that their old Men die Si others come in their Room, 
who likewise die, but that the Love & Friendship between the English 
& Indians ought to remain forever. 

Tawcnna said, he hopes the Governour will continue in the sam<: 
strong Friendship & Love with all the Indians, for their Hearts are 
sincere & true, & they all desire that no unhappy Accident may ever 
interrupt that Peace which now subsists between the English and them, 
and that all those things which Governour Penn Spoke to them 
may ever be remembred & imprinted on our & their hearts, so as to 
be observed inviolably. 

That he is well pleased with all that has passed between us & 
them, but is apprehensive some Mischief may happen through the 
great Quantities of Rum which are daily carried amongst the In- 
dians, who being greedy of that Liquor are soon debauched by it, & 
may then easily be stirred up to some unhappy or ill Action. 



38« MINUTES OF THE 

That William Penn told them he would not suffer any large Quan- 
tity of that Liquor to be brought among them, & that they might stave 
the Casks & spill it if they found any in the Woods, But that now 
several Hogsheads of Rum are brought to Conestogoe, & to several 
other places in their Road &i near to them, by which the Indians 
are tempted not only to sell their Peltry but likewise their Cloathing 
for that Liquor, &, are much impoverished thereby. 

That William Penn often told them, If any Cristian commitl any 
foolish or ill Action amongst them, they should seize him without 
doing him any Violence, & bring such person to him, that the matter 
might be enquired into, for that he had made a Goal for the bad & 
wicked amongst his own People. 

That William Penn is dead, but he now repeats all these things to 
the Governour whom he looks upon as in his stead, & as if William 
Penn himself were alive; that he remembers all these things which 
were then said, and He has now spoke in the Name of the Conesto- 
goe, Ganawese, Delaware & Shawanese Indians. 

CIVILITY added, that he was very uneasy lest any Mischief should 
happen through the great Plenty of Rum daily brought amongst 
them. This Concern he said, was not so much for fear of any Ac- 
cident among the Indians themselves, for if one Indian should kill 
another they have many ways of making up such an Affair, but his 
Uneasiness proceeded from an Apprehension lest a Christian should 
be ill used by any Indian intoxicated with that Liquor. 

In Confirmation of all which, & of their Love & Friendship for 
this Government, they now present a large Parcel of Skins. 

The Governour thanked them for their Present, &. having express- 
ed his Satisfaction with what they had said, told them he would speak 
to them to morrow. 



At a Council held at Philadia, May 27th, 1729. 

PRESENT : 

The Honourable PATRICK GORDON, Esqr., Lieut. Governr. 

James Logan, William Fishbourn, > p , 

Richard Hill, Clement Plumsled. 5 

And the same Indians as before, with Mr. Bizallion Interpreter 
The Governour spoke to the Indians in these words : 
** My Friends & Brethren : 

" Seeing your Affairs would not suffer you as you proposed last 
" year, to make a Return to my Visit to you at Conestogoe, I am 
•' pleased to see you now here, & wish that some of the Shawanese 
" had also accompanied you; but since you speak for them by their 
" Direction, & they, jojn in your Present, I take what you say as ifi 



PROVINCIAL COUNCIL. 38^ 

" it were truly spoke by all the four Nations & as an Answer to 
" what I then spoke. 

" I am glad to find by your Discourse, that you not only remember 
" what I said to you last Spring, but also there are some yet living 
" amongst you who can remember what your Father William Penn 
" said to your People when he was in this Countrey, from thence you 
" see that His Words & mine are the same. He agreed with all 
•' the Indians whom he treated with in the several Points that I laid 
" before you at Conestogoe : they were his Words, tho' spoken by 
" me, & as I obseive the old Men well remember them, so now I 
" desire you again to repeat them over to your Children & require 
" them to remember them & to repeat them again to their Children, 
<' that the same may be continued not only to your Children but 
" through all Generations & to all Ages. 

" By this means we shall truely continue not only Friends & 
" Brothers, but one People, of ore Body, one Mind & one Heart. 
" We shall rejoyce together & be sorrowfull together, &; we shall all 
" be the same, 

" I need not now say any thing further to you on these Heads, for 
•' it would be, only to repeat the same things, therefore I only say ; 
" Lett us remember all the good Words that have been spoken. 
" Your Words have been good & your present is good. I take it 
*' kindly, & I return you some Goods proper to cloath you, with 
•' some Powder & Lead & Provisions for your Journey, that you 
" may goe from hence chearfully, & make all the Indians over the 
" whole Countrey chearfull with the Words that have been spoken ; 
" that you & they & all of us may keep the Chain bright & clear 
"' & without Spot forever. 

" I must add that you complained much of your suffering by 
" Rum : many Laws you know have been made against it, but your 
" People make all these Laws of ik) Effect ; they will have it; they 
" send their Women for it to all Places where it can be had, & we 
" can make no Laws against your drinking it ; you must make 
" these yourselves. If your Women would carry none it would be 
" more easy ; I shall endeavour however, to prevent its being carried 
" in such Quantities. 

Then the following Goods which were prepared by Order of the 
Board, were delivered to them, vizt : 

20 Strowd Matchcoats, 
8 Blanketts, 
8 Duffel's, 
20 Shirts, 
Half a Barrel 1 of Powder, 
One hundred weight of Lead, 
2 dozen Knives & 1 dozen looking Glasses ; 
with Rum, Bread, Cheese, Bacon, Tobacco & Pipes. A Gun was 

32 



388 MINUTES OF THE 

likewise ordered to be given to Civility. The Governour then took 
all the Indians by the hand & wished them a safe Journey home. 
The Bundles of Skins delivered by the Indians being examined <§- 
weighed, were found to contain 

72 fall Deer Skins, weighing 287 pounds, 
79 Summer Do. - - 142 
108 Drest Do. - - 119 
S Beavers, ... 3 
17 Racoons, 3 Foxes ^- 6 Catts. 
Which were ordered to be sold by the Treasurer, & the Produce 
thereof apply'd towards the Charge of the present Treaty. 



At a Council held at Philadia., August 6th, 1729. 

PRESENT : 

The Honble PATRICK (JORDON, Esqr., Lieut. Governr. 

Samuel Preston, Ralph Asheton, "] 

Clement Plunisted, Samuel Hasel. v Esquires. 

Thomas Laurence, J 

The Account of Samuel Preston, Esqr., Provincial Treasurer, for 
the Charge of the late Treaty wiih the Conestogoe Indians in May 
last, and the Accounts of several other Persons who, by order of 
this Board had been sent on Messages to the Indians, & had per- 
formed other Services, being laid before the Board, were referr'd to 
James Logan, Clement Plumsted &i Thomas Laurence, Esqrs., to 
examine & report what allowances are proper to be made on the 
same. 



At a Council held at Philadia., August, 9th, 1729 

PUESiSINT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governr. 

William Fishbourn, Ralph Asheton, ") 

Clement Plumsted, Samuel Hasel. vEsq'rs. 

Thomas Laurence, J 

The Report of the Members appointed by order of the preceeding 
Council, to examine & Report what Allowances are proper to be 
made on the several Accounts then exhibited to the Board was read, 
& is in these words : 

" Philadelphia, August 7th, 1729. 
" Pursuant to the Order of Council of yesterday, We examined 
" the Accounts exhibited by the Persons following, & are of Opinion 
" that they be allowed the several sums after mentioned, vizt ; 



PROVINCIAL COUNCIL. 399 

To Richard Thomas, Four Pounds, as the price of a Cow killed 
& eat up by the Indians of the five Nations, in their Return home 
from Philadia. after the Treaty with them in July, 1727, ceitified 
by a Justice of Chester County, & the Value of the Cow ascertained 
by the Affirmations of two lawfull Men of that County. 

To Robert Miller, Sixteen shillings, for^Provisions to the said In- 
dians, by his Account affirmed to before a Justice of the Peace. 

To Martin Jervis, Four pounds, for Horsehyre, Expence &, Trouble 
in going to Conestogoe, by Order of Council of the 1st of Septem- 
ber last, it appearing his Horse was hurt thro' the quickness of the 
Journey. 

To Anthony Morris, One pound seven shillings, for Beer to the 
Indians at the Treaty in October, 17£8, not charged in the Account 
thereof given in. 

To Samuel Preston, Provincial Treasurer, Sixty three pounds two 
shillings & ten pence, for Presents to the Conestogoe Indians, & their 
Entertainment at the late Treaty in May last, from which the sum 
of Forty eight pounds eighteen shillings & one penny is to be dedu- 
ced, being the amount of the sale of the Present then made to this 
Government by these Indians. 

To Nicholas Scull, Eleven pounds, for twenty two days service on 
a Message to the Indians at Shamokin & other parts, upon the un- 
happy Murder of. those at Cucussea : And Four pounds extraordina- 
ry to him ; he being the Person especially entrusted with the Man- 
agement thereof. 

To John Scull, Fifteen Pounds, for thirty days Service on the said 
Messages, & other services performed ; And Three pounds extraor- 
dinary for interpreting at Treaties. 

To Anthony Zadouski, Seven Pounds, for fourteen days service on 
the Message aforesaid; 

To John Jones, Samuel Cosens, John Philips & William Davies 
who then attended these Messages, Fifty Shillings each. 

All which is humbly submitted to the Consideration of the Board 
bv 

J. LOGAN, 

THO. LAURENCE. 

CLEMT. PLUMSTED. 

The Board having considered'.the several Articles of the above 
Report do approve of the same, & 'Tis Recommended to the As<.. 
sombly to order the Payment of the respective Sums therein con? 
tained. 



390 



MINUTES OF THE 



At the Courthouse of Philadelphia, August 19th, 1729. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governour, 
with the Mayor, &, several of the City 4' County Magistrates. 

A List was Presented of the Names of Seventy five Palatines, 
who with their Families, making in all about One hundred & Eighty 
Persons, were imported here in the Ship Mortonhouse, James Coul- 
tas Mr., l>om Rotterdam, but last from Deal, as by Clearance thence 
dated iilst of June last. 

It appeared that the Master had no special License for their Trans- 
portation, they were then called in, & having declared that their 
Intentions were to settle & live peaceably in this Province,^the several 
Persons whose Names arc subjoyned, did repeat & sign the Declara- 
tion inserted in the Minute of 21st of September, 1727. 



Dirick Truer, 
John Philip Rank, 
John Miller, 
Conrad Werness, 
Casper Doresi, 
Dilman Coll, 
Michael Urelick, 
Michael Boarst, 
John Haake, 
Rudolph Moore, 
Hans Jacob Ratslne, 
Uldery Roat, 
Nicholas Peffell, 
Hendrick Doabs, 
Ultiner Snebler, 
Hendrick Plino, 
Hans Hendrick Ubera, 
Christopher Brown, 
John Christ Croll, 
Hendrick Warner, 
Gerard Miller, 
Andrew Mayes, 
Hans Michael Heyder, 
Jacob Creeple, 
Peiter Weegar, 
Hendrick Sligloff, 
Hendrick Sootera, 
Hans Uldrick Fry, 
Christopher Fry, 
Jacob Bowman, 
Joan Casper Inkeler, 
John Miller, 
Jacob Over, 
David Mantandon, 



John Daniel Worley, 

Valentine Fikus, 

John Adam Moor, 

John Rice, 

John Stephen Regensberger, 

Dirick Adam AVeidle, 

Ulrick Croll, 

Adam Shamback, 

Conrod Killinor, 

Joannes Brinkler, 

Moret Creetor, 

Jacob Reyser, 

Jacob Fetter, 

Richard Fetter, 

Philip Jacob Back, 

George Daniel Back, 

Michael Weever, 

Wendel Wyant, 

Andrew Baslian, 

Adam Eastian, 

Martin Alstadt, 

Rudolph Walder, 

Hendrick Keelhaver, 

Simon Reel, 

Nicolas Carver, 

Jacob Eshelman, 

Welder Keyser, 

Abraham Kensinger, 

Reynd. Haider, 

Baltzar Roer, 

Christopher Bumgarner, 

Johannes Orde, 

Johannes Dirick Greeseman, 

Frederick Marsh, 



PROVINCIAL COUNCIL. 



391 



Christian Longinacre, 
Dirick Greeseman, 
Carol Arant Mooselback, 



Peter Moll, 
Joannes Middle. 



At the Courtho. of Philadia., September 15th, 1729. 

PRESENT : 

The Honble PATRICK GORDON, Esqr. Lieut. Govr, 
with the Mayor & several of the City & County Magistrates. 

A List was presented of the Names of Fifty nine Palatines, who 
with their Families, making in all about One hundred & twenty six 
Persons, were imported here in the Ship Allen, James Craigie, Mas- 
ter, from Rotterdam, but last from Cows, as by Clearance thence dated 
7th of July last. 

It appeared that the Master had no special License for their Trans- 
portation : they were then called in, & having declared that their 
Intentions were to settle & live peaceably in this Province, the sever- 
al Persons whose Names are subjoyned, did repeat 6z; sign the Decla- 
ration inserted in the Minute of the 21st of September^ 1727. 



Alexander Mack, 
Joannes Mack, 
Felte Mack, 

Alexander Mack, Jun'r, 
Jo. Hendrick Kalklieser, 
Andreas Ponne, 
William Knipper, 
Jacob Lisley, 
Christopher Matten, 
Paul Libekip, 
Christopher Kalklieser, 
Christian Cropp, 
Andreas Cropp, 
Jacob Cropp, 
Christian Cropp, Jun'r, 
Hans Slachter, 
Joannes Pellickhover, 
Joannes Kipping, 
Hans Erick Cogh, 
John Michael Amwig, 
Hans Ulrick Kisle, 
Ulrick Eley, 
Rinard Hammer, 
Samuel Galler, 
Conrad Iller, 
Hans Casper Kulp, 



John Martin Crist, 
Hisbert Benter, 
Hans Contee, 
Jacob Possart, 
Jacob Wise, 
Christian Snyder, 
Jacob Snyder, 
Joannes Flickinger, 
Felte Beecher, 
John Jacob Hopback, 
Joannes Mackinterfeer, 
Christian Kitsintander, 
Lenhart Amwigh, 
Mathias Snyder, 
Joseph Prunder, 
Mathias Ultand, 
Johannes Prunder, 
Jerig Hoffart, 
Joannes Perger, 
Joannes Weightman, 
Philip Mich'l. Fiersler, 
Valentine Perhart Hisle, 
Hans Jerig Clauser, 
Hendrick Holstein, 
Feltin Rafer, 
Jerig Fetter, 



392 MINUTES OF THE 

John Jacob Knight, David Lisley, 

Alexander Till, Jacob Possart, 

Hendrick Peter Midledorf, Daniel Crop. 



lEsq'r 



At a Council held at Philadelphia, September 20th, 1729. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governr. 

James Logan, Clement Plumsted, 

Isaac Noris, Ralph Asheton, 

Samuel Preston, Samuel Hasel. 
Willm. Fishbourn, 

The Governour acquainted the Board that he now called them to- 
gether to lay before them a News paper published in this Province, 
printed «fe sold by Andrew Bradford, numbered 506, in which a 
Letter signed BRUTUS or CASSIUS, or both, appears to reflect on 
the King &; Government of Great Britain, & to incite the Inhabitants 
of this Province to throw off all Subjection to the regular & Estab- 
lish'd Powers of Government. And the same being read & con- 
sidered by the Board, It is their Opinion that it is a wicked & seditious 
Libell, tending to introduce Confusion under the Notion of Liberty, 
and to lessen the just Regard due to Persons in Authority. 'Tis 
therefore Ordered, that the said Bradford be immediately taken into 
Custody, & examined by the Mayor & Recorder of this City, or 
any other two Justices of the Peace, & that his Dwelling house & 
printing Office be searcht for the written Copy of the said Libel, 
that the Author may be discovered, & that the Attorney General 
commence a Prosecution against the said Bradford for printing & 
publishing the same. 

N. B. 

This order being executed & the original Copy found, it appeared 
to be- wrote by one Campbell, a Parson of a dissolute Character who 
had lived for some time in Newcastle County, but his scandalous 
Behaviour proving intolerable to his Hearers there he removed to 
Long Island, from whence he sent that Paper with others of the 
same Strain, by the Post, to Andrew Bradford, who without consider- 
ing or knowing its Tendency, printed it as he did other Papers, in his 
Mercury. His Ignorance therefore, gave some Abatement to the 
Prosecution ; he was however committed, & then Bound over to the 
Court. 



PROVINCIAL COUNCIL. 393 

At a Council held at Philadelphia, October 4th, 1729. 
present: 
The Honble PATRICK GORDON, Esqr., Lieut. Governor. 
Isaac Norris, Thomas Laurence, ^ 

William Fishbourn, Ralph Asheton, ^ Esq'rs. 

Clement Plumsted, Samuel Hasel. ) 

The Governour acquainted the Board that James Smith, now in 
Philadelphia Goal under Sentence of Death far a Burglary, had been 
recommended to him by the Justices oi^ the Supreme Court as an 
Object of Mercy, & that therefore he intended to spare his Life, &; 
order him to be sent out of the Province, if the Board had no Objec- 
tion thereto, which was readily agreed to. 

Returns from the several Counties of the Province & from the 
County of Newcastle, of Persons Elected for Sherifs & 'Coroners 
the Ensuing year were laid before the Board, and the following 
Persons were thereto appointed : 

For Philadelphia City &, County. Charles Read &, Nicolas Scull 
being returned for Sherifs, &; Owen Owen & Merick Davis for Cor- 
oners, Charles Read is appointed Sherif, & Owen Owen Coroner. 

For Bucks County. Timothy Smith & Joseph Lupton being re- 
turned for Sherifs, & Jonathan VVoolston & William Atkinson for 
Coroners, Timothy Smith is appointed Sherif, & Jonathan VVoolston 
Coroner. 

For Chester County. John Taylor & John Owen being returned 
for Sherifs, & Robert Parke & Abraham Darlington for Coroners, 
John Owen is appointed Sherif, & Abraham Darlington Coroner. 

For Lancaster County. Robert Barber c^- John Galbraith being 
returned for Sherifs, 4* Joshua Low & John Mitchel for Coroners, 
Robert Barber is appointed Sherif & Joshua Low Coroner. 

And Commissions v;ereoi'dered to the said Sherifs accordingly, they 
giving Security as the Law Directs. It was likewise ordered that the 
Sherif of Lancaster County should give Security in the like Sum 
with that directed to be given by the Sherif of Bucks. 

For the County of Newcastle. William Read & John Gooding 
being returned for Sherifs, &- Morgan Morgan & William Graham 
for Coroners, William Read is appointed Sherif & Morgan Morgan 
Coroner. 



The day following out of Council. 

Returns of the Elections in the Counties of Kent &; Sussex being 
laid before the Governor, His Honr. appointed the Persons following, 
vizt : 

For Kent County. William Rndeney & Moses Freeman being 
returned for Sherifs, & Samuel Berry & Edward Jennings for Coro- 
ners, William Rodeney is appointed Sherif <^ Samuel Berry Coroner, 



394 MINUTES OF THE 

For Sussex County. Rives Holt &, John Jacobs being returned 
for Sherifs, <S- Joseph Pemberton & John Roades for Coroners, Rives 
Holt is appointed Sheriff" John Roades Coroner. 



Esq'rs. 



At a Council held at Philadelphia, October ]5th, 1729. 

PRESENT ; 

The Honble PATRICK GORDON, Esqr., Lieut. Governor. 

Clement Plumsted, Ralph Asheton, 

Thomas Laurence, Samuel Hasel. 

The Representatives of the Freemen of this Province elected the 
1st instant, having mett yesterday in Assembly in pursuance of the 
Charter & the Law in that case made &. provided, waited this day on 
the Governor to present to him their Speaker. 

And Andrew Hamilton, Esqr., addressing himself to the Governor 
said, that the House had thought fitt to chuse him to be their Speaker, 
and tho' he knew it was very usual for the Person so chosen to de- 
cline that Office often times, thro' an affected rather than a real 
Modesty, (for that he believed most People were inclined to think 
well enough of themselves,) yet he would so far deviate from that 
custom as to assure the Governor, that he would endeavour to dis- 
charge that Trust to the best of his Ability, if His Honour should 
think fitt to approve of him. 

To which the Governor replyed, that he had always had a very 
great Regard for the House's Choice, but that now he had a particu- 
lar Pleasure in declaring his Approbation of a Gentleman, whose 
Knoweledge & Experience in Business could not fail of rendring 
him very serviceable to the Country in that Station. 

Then the Speaker having thanked the Governor in behalf of the 
House, requested That they rray enjoy Freedom of Speech in all 
their Propositions «5* Debates, t^' that his own unwilling Mistakes & 
Omissions may be excused ; That the Governor would be pleased 
to putt the most favourable Construction on their Words & Actions. 

That upon all necessary Occasions they m^y have free Access to 
the Governor. 

That their Persons & Estates may be free from all Imprisonments, 
Arrests <.V Molestations, during the time of their Sittings in Assem- 
bly ; & That the Governor would not sutler any Report to be made 
unto him, of any matters either moved or debated in the house, until 
they be concluded or resolved upon, nor give any Credit to such 
Report. 

All which the Governor having readily promised the House with- 
drew. 



PROVINCIAL COUNCIL. 395 

At a Council held at Philadelphia, January 1st, 1729-30. 
present: 
The Honble. PATRICK GORDON, Esqr., Lieut. Governor. 

Isaac Norris, Clement Plumsted, T 

Samuel Preston, Ralph Asheton, VEsq'rs. 

Will'm. Fishbourn, Samuel Hasel. J 

The Petition of James Sprouse <^ James Mitchel, now in Philadel- 
phia Goal, under a Sentence of Death for Burglary, were read, praying 
the Governor's Mercy, & that they may be ordered out of the Pro- 
vince. But the Consideration thereof was deferr'd till the Chief 
Justice should acquaint the Governr with the Proceedings of the late 
Court of Oyer & Terminer, where these Criminals were condemned, 
&, likewise give his Opinion how far thej appear objects of Compas- 
sion. 

Application being made in behalf of John Carter of Chester County, 
Blacksmith, that he may be appointed the officer in that County, to 
putt in Force a Law of this Province for regulating Weights & 
Measures, The Board approved of him, & Ordered that he be com- 
missionated for that Purpose. 



At a Council held at Philadelphia, January 8th, 1729-30. 
present: 
The Honble PATRICK GORDON, Esqr., Lieut. Governor. 
Isaac Norris, Clement Plumsted. "| 

Samuel Preston, Samuel Hasel. vEsq'rs. 

Willm. Fishbourn, J 

The Consideration of the Petitions Preferr'd last Council being 
entred into, & a Letter from the Chief Justice being read, the Mem- 
bers were of Opinion that, seeing the Proof against Mitchel did not 
appear to the Chief Justice to be full his Life might be spared, and 
that Sprouse should suffer, unless his Youth & Penitency should in- 
duce the Governor to extend his Compassion to him likewise, whicia 
was left to the Governor's Discretion. 



At a Council held at Philadelphia, January 12th, 1729-30. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governor. 
Isaac Norris, William Fishbourn, 7 gg^-'^g 

Samuel Preston, Clement Plumsted. 3 ^ 

The Governor having prepared a Speech to the House of Repre- 
sentatives now convened, laid the same before the Board for their 



S96 MINUTES OF THE 

Opinion thereon, which being read & considered was unanimously 
approved of, &; a Notice was ordered to be given the House to attend 
His Honr. in Council to morrow morning. 



At a Council held at Philadelphia, January 13th, 1729-30. 

PUESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governor. 

William Fishbourn, Ralph Asheton, "J 

Clement Plumsted, Samuel Hasel. i-Esq'rs. 

Thomas Laurence. J 

The House of Representatives with their Speaker, attending accord- 
ing to order, the Governor spoke to them as foUowes : 

" Mr. Speaker & Gentlemen of the House of Representatives : 

" It is with no small Satisfaction I observe that the oflner I have 
" opportunities given me by the ensuing year, of meeting the Repre- 
" sentatives of this Province in Assembly, there appears an additional 
" Increase of that mutual Confidence between me ^ them which 
" alone can produce the Harmony wherein the true happiness of 
" Government consists. 

" And on this Occasion I cannot but repeat the Notice I took at 
" my first Entrance on the Administration, of what the People under 
" my Care might expect from my former Engagements and Course 
" of Life, for I cannot now doubt but my continued Endeavours to 
" discharge my present Trust with plainess & Candour, free from 
" any mixture of Art which I have ever been a Stranger to, has 
" under Divine Providence greatly contributed to my Success with a 
" People who have stood distinguished for the like Qualities amongst 
'* the rest of Mankind. 

" And as this Conduct therefore naturally begets a firm and mu- 
" tual Dependance, I shall have the less Occasion at this time to 
" renew to you those Assurances I have constantly given, of my 
" Readiness to concur in whatever may Promote the real Interest &; 
" Honour of this Colony. I have hitherto demonstrated my sincere 
" Inclination to advance these, nor have the Assemblies in Return, 
" been wanting on their Parts to express their Confidence in me. 

" And as it was truly in pursuance of this Inclination that I gave 
*' my Assent to our last Act for the Emission of Thirty thousand 
" Pounds in Bills of Credit, so from the same Disposition 1 have to the 
" utmost of my Power, laboured to recommend it to our Superiors at 
" home, in such a manner as might either obtain the Royal Sanction 
" thereto or at least secure it from a Repeal. But hitherto I have not 
" had the good Fortune to know with any Certainty, how my Conduct 
" is approved, or with what success the Act itself may be attended. 



PROVINCIAL COUNCIL. S97- 

'' But as I chiefly grounded my Judgement of the Necessity of 
" such Emission, and of the Benefit it might prove to the whole 
" Province, upon the Confidence I had in the Justice of that Assem- 
" bly's Representation, so I can with great Truth say it was from 
" these motives that I gave my Assent to that Act, to which as I then 
" did, I shall always most heartily wish the happiest Issue. 

" I need not now I hope, Gentlemen, putt you in mind of the great 
" Advantage of Unanimity in allPublick Councils, nor how much it 
" will contribute to the Dispatch as well as Justice of all your De- 
" liberations. For the Consideration of the Blessings we enjoy under 
'^ a most Gracious Sovereign, & under Proprietors full of Tender- 
" ness & Affection for a People whose real Happiness 4* Honour 
*' they are on all occasions desirous to promote, I am perswaded 
" cannot fail of leading you through the Justest Principle of Grati- 
" tude to a sedulous & sollicitous Discharge of your Duty, both to 
" your Superiors & to those you represent. 



January l6th, 1729-30. 

A Petition of several Germans praying to be naturalized, having 
been presented to the Governor, His Honr. after a strict Enquiry 
into their Characters & advising thereon, thought fitt to send the 
following Message to the House : 

" Gentlemen : 

" Upon Application made to me in behalf of several Germans, 
" now Inhabitants of the County of Lancaster, that they may enjoy 
" the Rights &. Privileges of English Subjects, & for that End praying 
" to be naturalized ; I have made Enquiry &; find that those whose 
" names are subjoyned to a Petition that will be laid before your 
" House are principally such who many years since came into this 
" Province under a particular Agreement with our late Honourable 
" Proprietor at London, & have regularly taken up lands under him. 
" It likewise appears to me by good Information, that they have 
" hitherto behaved themselves well, and have generally so good a 
" Character for Honesty & Industry as deserves the Esteem of this 
" Government, & a Mark of its Regard for them. I am therefore 
" inclined from these Considerations to favour their Request, & 
" hope you will joyn with me in passing a Bill for their Naturaliza- 
" tion. 

" I have likewise received a favourable Character of John Neag- 
" ley, Bernard Reser & John Wistre, of Philadia. County, whose 
" names may be inserted in the said Bill with those now recom- 
" mended." 

P. GORDON. 



398 MINUTES OF THE 

At a Council held at Philadelphia, Janry. 29th, 1729-30. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governor. 
James Logan, Thomas Laurence, 1 

Isaac Norris, Samuel Hasel. lEsq'rs. 

Clement Plumsted, J 

The following Bills being sent up by the House of Representatives 
were read, vizt : 

AN ACT for better Enabling divers Inhabitants of the Province 
of Pensylvania to hold Lands, & to invest them with the Privileges 
of natural born Subjects of the said Province. 

AN ACT for Regulating Pedlars, Vendues, &c : and 

AN ACT imposing a Duty on Persons convicted of heinous 
Crimes, & to prevent poor & impotent Persons being imported into 
the Province of Pensylvania. 

Some small Amendments being made to the first of these, were 
ordered to be sent down with the Bill, and the Consideration of the 
other two was deferred till to morrow. 



vEsq'rs. 



At a Council held at Philadelphia, Janr. 30th, 1729-30. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governor. 
James Logan, Thomas Laurence, 

Isaac Norris, Ralph Asheton, 

Samuel Preston, Samuel Hasel. 

€lemt. Plumsted, 

The Consideration of the Bills mentioned in the foregoing Minute 
being entred into, several Amendments to each were proposed, as was 
likewise a Clause to the Bill imposing a Duty on Persons convicted 
of heinous Crimes, &c., by which the Examination of all Servants 
and Passengers imported into Philadelphia, should be taken before 
the Mayor of the said City for the time being, & that all Sales & 
Assignments of Servants within the said City, should be made before 
him & none other, & the same was drawn up, together with the sev- 
eral Amendments, and ordered to be sent down to the House with the 
said Bills. 



At a Council held at Philadelphia, February 6th, 1729-30. 

PRESENT : 

The honble PATRICK GORDON, Esqr., Lieut. Governor. 
James Logan, Thomas Laurence, } ^ , 

Samuel Preston, Samuel Hasel. 5 

William Fishbourn, 



PROVINCIAL COUNCIL. 399 

The three Bills sent clown with Amendments being returned, were 
lead, & it appeared that the House had agreed to all those which were 
proposed to b^ made to these two, vizt : for Enabling divers Inhabit- 
ants to hold Lands, &c., and for regulating Pedlars, Vendues, &c., 
and likewise to the Clause & several of the Amendments proposed 
to the Bill imposing a Duty on Persons convicted of heinous Crimes, 
*SiC., and assigned Reasons for their rejecting others ; Which being 
considered by the Board, they are of Opinion that the said Bills stand 
as now amended, & be returned to the House in order to be engrossed. 
Then were read the two following Bills sent up from the House, 
vizt: 

A SUPPLEMENTARY ACT to an Act of Assembly of this 
Province, Entituled An Act against buying Lands of the Natives. 

AN ACT for continuing the Encouragement for raising good 
Hemp within this Province, & imposing certain Penalties on Persons 
manufacturing or working up unsound &■ unmerchantable Hemp into 
Cordage and Cables. 

The tirst of which was agreed to without any Amendments, and 
to the other it was proposed that the Ropemaker should take an 
Oath or Affirmation, to be administred to him by the Officer ap- 
pointed by the Act, that he will not work up or make, or cause 
to be wrought up or made in Cables or Hausers, any Dew-rated 
or unmerchantable water-rated Hemp, or use any other Sort of Hemp 
therein but good & sufficient water-rated Hemp, according to the 
true Intent &c meaning of the Act : Which Amendment being drawn 
up, was ordered to be sent down with the said Bills. 



At a Council held at Philadelphia, February 10th, 1729-30. 
pkesent: 
The Honble PATRICK GORDON, Esqr., Lieut. Governor. 

James Logan, William Fishbourn, 1 

Isaac No rris, Thomas Laurence. lEsq'rs. 

Samuel Preston, j 

The Governor acquainted the Board that the House had agreed to 
the Amendment made to the Bill for continuing the Encouragement 
for raising good Hemp, &c. 

Then was read a Bill sent up from the House, Entituled, 

AN ACT for the Relief of insolvent Debtors within the Province 
of Pensylvania. 

And after some time spent thereon, the further Consideration of 
the said Bill was deferr'd till the next mcetin;; of Council. 



^00 MINUTES OF THE 

At a Council held at Philadelphia, Febry. 11th, 1729-30. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governor. 
James Logan, Ralph Asheton, ; p, , 

William Fishbourn, Samuel Basel. 5 ^^^ ^^' 

The Bill for the Relief of Insolvent Debtors was again road, to 
which several Amendments were proposed, founded on the followintr 
Observations : 

1st. That as this bill nearly affects Creditors who are to recover 
their just Rights from those who have disappointed them, all due 
Care should be taken that Justice be done to the honest Creditor in 
the best manner, ^' at the same time that no unfortunate Debtor be 
oppressed with Severities that are of no Benefit to the Creditor, & 
thai notwithstanding in Britain they have made such Provision for 
themselves, yet as an Act of the same Kind made here may aflect 
Creditors in Britain, unless there be some Provision for such Cases 
it may endanger the whole Act. 

That altho' in Britain they are wholly Strangers to Servitude as 
practised amongst us, or binding of Persons otherwise than as Ap- 
prentices, & therefore none of their Acts have ever Directed Satis- 
faction to be made for Debts by aay such means,^, yet in those 
Countries, where great part of the Work is performed, by Persons 
of such Condition, & nothing is more common, than for Husband- 
men 6,- others to lay out their money in Purchases of this Sort, 'tis 
highly reasonable that People fitt ibr Labour, or performing any 
Service by which ihey can earn Money, should by the same Method 
make Satisfaction for their just Debts. 

3. That those parts of the Bill relating to Goalers and the Regu- 
lation of Prisons, appear to have been taken from two British Acts 
of Parliament, for the Prevention of Abuses in their Prisons, which 
by the publick Prints have been very exorbitant, <')• undoubtedly it 
should be putt out of every Officer's Power to committ any. But as 
our Circumstances differ. Care should betaken that while on the one 
hand we guard against Abuses, we do not on the other render the 
Execution of Justice, if not impracticable at least very difficult, es- 
pecially when the odd humours Si Tempers of many of those who 
are most likely to be committed are considered, so that it may be 
doubted whether any Person will be prevailed on for the slender 
Profits of the Place to undertake so troublesome a Charge. 

And Amendments being accordingly drawn up were Ordered to be 
carried into the House with the said Bill. 



February 11th. 
MEMORANDUM : The Governour having received on the 9th 
eurrt., a Resolve of the House in these Words, vizt : 



PROVINCIAL COUNCIL. 401 

" DIE LUNiE, Febry. 9th, P. M. 

" Pursuant to the Resolve of Saturday last, the House resumed 
" the Consideration of a Motion made by divers members of this 
" House, that a Bill be brought in for the Emitting for the term of 
" sixteen years, the principal Sums <V Quotas of money that have 
" been or shall be paid into the General Loan Office of this Province, 
" upon the foot of the several former Acts of Assembly of the said 
" Province, (exclusive of the last thirty thousand pound Act,) for 
" Emitting divers Sums of money in Bills of Credit, And it being 
" moved that before this House proceed to any further Resolve 
" thereupon, the Governor be acquainted that the said Matter is now 
" before them for their Consideration, &■ that the House desires to 
" know what Accounts the Governor hath received, touching the 
" former Paper money Acts that have been transmitted to England, 
" 4' V''hat Success is like to attend them ; It is upon the Question, 
" resolved in the Affirmative, N. C. D." 

His Honour desired the House to lay before him the several Let- 
ters which they had received from the Honble the Proprietor & 
Micajah Perry, Esquire, their Agents on the Subject of Paper mo- 
ney ; which being accordingly done, The Governor after mature 
Consideration of the whole, thought fitt to send a written Message to 
the House, in these Words: 

Gentlemen : 

" When I received the Message by four of your Members, by 
" which I find a motion had been made in your House, that a Bill 
" be brought n for Re-emitting for the term of Sixteen years, all 
" the piincipal Sums or Quotas of money that have been or shall be 
" brought into the General Loan Office, &; thereupon you desire to 
" know what Accounts I have received touching the former Paper 
" money Acts that have been transmitted to England, and what 
" Success is like to attend them, Though I was at no loss then to 
" return an Answer, yet having reason to believe you had received 
" such Accounts both from the Proprietors & your Agent as might 
" fully give you the Sense of our Superiors at home, by whose Judge- 
" ment these Bills must stand or fall, I was desirous to see also their 
"■ Letters, the View of which has rather confirmed than altered my 
'' former Opinion, which 1 shall now give you very freely, as fbl- 
'' lows : 

" Hov,' far I have been disposed to consult the Ease, to advance 
" the Interest <!y- favour the Inclinations of the good People of this 
" Province, I observed to you in my late Speech, & I hope I have 
" l>om time to time given all the possible Demonstrations of this 
" that have been in my Power, & 1 know not how I can at this time 
" give you a better Proof of the same than to assure you, that from 
" all the Lights T have received, nothing in my Judgement can be 
" more unreasonable, nor in Effect may prove more destructive to the 



402 MINUTES OF THE 

" Interest of the Province, than to make any further Attempts what- 
" soever in relation to our Paper Currency ; for as I conceive the 
" least step made in it at this or any other time, till the Acts we al- 
" ready have are better secured, will certainly endanger the whole, 
" & further draw down a Censure on us from the Ministry for so 
" precipitated a Conduct, that might prove extremely to the Disad- 
" vantage of the Province. 

" And as for my own Part, though I must say that I have the 
" strongest Inclinations to gratify the Desires of the Inhabitants, 
" when regularly handed to me by their Representatives, Yet I am 
" sure that should I now pass any other Act for a further Emission, 
" I should be so far from benefiting the Countrey by it, that I should 
" render myself entirely incapable of doing it any further Service ; 
" for I should so effectually ruin my Credit with all those about His 
" Majesty on whom we must ever depend, that it would be in vain to 
" apply for any Favour whatsoever for the future, & therefore I 
" shall never on any Consideration, concur in what would be attend- 
" ed with such pernicious Consequences ; And I must now earnestly 
" recommend it to the House, that instead of proceeding in this Mo- 
" tion, they would on the other hand resolve on such Measures as 
" may more effectually secure the Bills already transmitted from a 
'• Repeal, of which they are not out of Danger. 

" And as to the Re-Emission of the moneys already paid in &. 
" now lying in the Office, of which I hear there is a considerable 
" Sum, you are sensible that it is all subject to the Re-emitting Act 
" of which above six years are yet unexpired — a Term that no Man 
" who really wants money, can reasonably think too short for him to 
" continue a Debtor, or to keep his Estate under an Incumbrance. 
" And for the Payments that are to be made by the last Act, they 
" will come in such small Portions that the Decrease of the Currency 
" will be very slowly felt, & for some years be scarcely perceived. 

'• But on this occasion I cannot forbear observing on Mr. Perry's 
" Letter, that if what he says of Mr. Penn be just, the Gentleman 
" last named had certainly altered his Sentiments before he wrote 
" to me, for tho' the Bill gave him great Apprehensions & he was 
" very doubtfuU of its success, yet he expresses all the Tenderness 
" for its Preservation that could be expected from the heartiest 
'' Friend to it. I am apt therefore to believe Mr. Perry was not 
" fully informed on the Subject when he wrote that Letter." 



At a Council held at Philadelphia, Febry. 12th, 17£9-S0. 

PRKSENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governor. 
James Logan, Ralph Asheton, ") 

Willm. Fishbourn, Samuel Hasel. i-Esq'rs. 

Thomas Laurence, J 

Two Bills sent up from the House being read, vizt : 



PROVINCIAL COUNCIL. 403 

AN ACT for lending the sum of Three hundred Pounds in Bills 
of Credit, for building a Prison Sr Courthouse in Lancaster County. 

A SUPPLEMENT to the Act Entituled An Act for preventing 
clandestine Marriages. 

The first was ordered to be returned to the House, without Amend- 
ment, & some few being proposed to the other, were drawn up & 
likewise ordered to be carried in with the Bill. 



At a Council held at Philadelphia, Febry. i3th, 1729-30. 



PRESKNT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governor. 

James Logan, Thomas Laurence, ^ 

Willm. Fishbourn, Samuel Hasel. lEsq'rs, 

Clenr,ent Plumsted, J 

A Bill sent up from the House Entituled, 

AN ACT laying an Excise on all Wine, Rum, Brandy & other 
Spirits retailed in this Province was read, & ordered to be returned 
without Amendment. 

Then were read the two Bills again sent up, vizt : A Supplement 
to the Act for preventing clandestine Marriages, & the Act for the 
Relief of Insolvent Debtors. It appeared that the House had agreed 
to all the Amendments propped to the first, & the same was therefore 
ordered to be sent down OTd Engrossed. It likewise appeared the 
House had conceded only to a fev/ of the Amendments proposed to 
the other, whereupon the whole Bill was again had under Considera- 
tion, <k alter a long Debate thereon (During which came in Samuel 
Preston, Esquire,) It was agreed that the same be returned to the 
House with a verbal Message to this Effect: 

That the Governor is of Opmion this Bill, being of great Moment, 
may require further Consideration, and several Amendments to pre- 
vent any ill Consequences that may attend it. But if the House 
do insist upon having it passed with the other Bills, the Governor 
will asiree to it. 



EODEM DIE, P. M. 

The Governor, attended by William Fishbourn & Samuel Hasel, 
Esquires, received the House of Representatives at his own House, 
& the Speaker having presented the following Bills to be passed into 
Laws, they were accordingly passed into Laws of this Province 
by the Governor, <fe Warrants issued for affixing the Great Seal; 
thereto, vizt : 



404 MINUTES OF THE 

AN ACT for the Relief of Insolvent Debtors within the Province 
of Pensylvania. 

AN ACT for the better Enabling divers Inhabitants of the Prov- 
ince of Pensylvania to hold Lands, & to invest them with the Privile- 
ges of natural born Subjects of the said Province. 

AN ACT imposing a Duty on Persons convicted of heinous Crimes^ 
& to prevent poor & impotent Persons being imported into the Pro- 
vince of Pensylvania. 

AN ACT for continuing the Encouragement for raising good 
Hemp within this Province, & imposing certain Penalties on Persons 
manutacturing or working up unsound & unmerchantable Hemp into 
Cordage or Cabfes. 

AN ACT laying an Excise on all Wine, Rum, Brandy & other 
Spirits, retailed in this Province. 

A SUPPLEMENT to the Act Entituled An Act to prevent clan- 
destine Marriages. 

A SUPPLEMENTARY ACT to an Act of Assembly of this Pro- 
vince, Entituled An Act against buying Lands of the Natives. 

AN ACT for regulating Pedlars, Vendues, &c., and AN ACT for 
lending the Sum of Three hundred Pounds in Bills ef Credit for 
Building a Prison & Courthouse in Lancaster County. 

The Speaker likewise presented the Governor with an Order on 
the Provincial Treasurer for One thousand Pounds for His Support 
this current year, for which His Honour having thanked the House 
they withdrew. ^ 



I Esq'rs 



At a Council held at Philadelphia, Febry. 19th, 1729-30. 

PRESENT : 

The Honble PATRICK GORDON, Esqf., Lieut. Governor. 

James Logan, Clement Plumsted, 

Isaac Norris, Thomas Laurence, 

Samuel Preston, Ralph Asheton. 
Willm. Fishbourn, 

The Governor acquainted the Board that whereas, by the Law for 
Erecting Lancaster County, John Wright, Caleb Pierce, Thomas 
Edwards & James Mitchel, or any three of them, are empowered to 
purchase for the use of the said County, a convenient piece of Land 
to be approved of by the Governor, & thereon to build a Courthouse 
&. Prison, and that now the said John Wright, Caleb Pierce & James 
Mitchel, have by a Certificat under their hands, signified that they 
have agreed upon a Lott of Land for the Uses aforesaid, lying on or 
near a small Run of Water, between the Plantations of Roody Mire, 
Michael Shank & Jacob Imble, about ten Miles from Sasquehannah 



PROVINCIAL COUNCIL. 405 

River, and prayed his approbation of the same. The Governor 
therefore referr'd the matter to the Consideration of the Board, 
whether the Situation of the Place those Gentlemen had pitched on 
tor a Town might he fitt to be confirmed, & that a Town should ac- 
cordingly be fixed there. But the Question being asked to whom 
the Land they had made choice of now belongs, & who has the 
Property of it, because it may be in such hands as will not part 
with it, or at least on reasonable terms for that use, and this not being 
known by any at the Board, it was deferr'd till such time as that 
Point could be ascertained. But as it is presumed for any thing that 
is yet known, to be unsurveyed Land, & that the Right is only in 
the Proprietor, It is the Opinion of the Board that it is more proper 
to be granted by the Proprietor for such uses, than by any other 
Person. 

The Governor further acquainted the Board that it was necessary 
a new Commission of the Peace for Chester County should be is- 
sued, for that divers of those who are named in the last having de- 
clined to act, there is a great Want of Magistrates in some Places 
of the County which should immediately be supplied by others, & 
that he had some very good Reasons tor leaving out one, vizt : George 
Asheton, who had acted but too much ; that he had advised with divers 
good Men of that County who had recommended a List, & It was 
Resolved to Commissionate those following, vizt : Richard Hayes, 
Henry Pierce, Henry Hayes, Elisha Gatchel, John Crosby, Abra- 
ham Emmitt, .lunr., Mercer Brown, James James, John Perry, James 
Gibbons, Joseph Pennock, Samuel Hollingsworth, Joseph Brinton, 
Nicholas Pyle and the Chief Burgess of the Burrough of Bristol, 
for the time being, of which the five last were now added. 

MEM. 

The Governor having understood that the Right to the Land 
pitched upon for the Townstead of Lancaster remains yet in the 
Proprietaries, was advised to approve of the Place agreed on by 
Messrs. Wright, Pierce & Mitchel, ^' the same was confirmed ac- 
cordingly, by a Writing dated May 1st, 1730. 



At a Council held at Philadia., April 9th, 1730. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governr. 

James Logan, Ralph Asheton, ") 

William Fishbourn, Samuel Hasel. |-Esq'rs. 

Thomas Laurence, J 

The Minutes of the Eight preceeding Councils were read & ap- 
proved. 

The Governor then recommended to ths Board, to consider of 



406 MINUTES OF THE 

some proper Person to supply the Office of Second Justice of the 
Supreme Court now vacant, by the Death of Mr. Hill, and alter 
some time spent thereon, It was agreed to defer the further Conside- 
ration thereof till a, fuller Board. 



Esq'rs. 



At a Council held at Philadelphia, Augt. 6th, 1729-30. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governor. 

James Logan, Samuel Preston, 

Isaac Norris, Thomas Laurence. 

PURSUANT to a Reference from the House of Representatives, 
bearing date the 29th of April, 1727, the Account of Silas Pryor 
&, Ezekial Harlan, for Charges by them disbursed in attending the 
Indians of Brandyvvine Creek, was this day read, & the same ap- 
pearing not only to be extravagarit, but likewise that those Persons 
had officiously taken upon them to wait on the said Indians, & lay- 
out money without any Authority or Warrant. The Board were of 
Opinion it would not be unreasonable wholly to reject their Demand. 
Yet in Consideration that they had really expended some Money, 
& perhaps were not then sensible of the wrong steps they were taking. 
The Board after a proper Examination of the said Account, are of 
Opinion that the Sum of Fifteen pounds being fully sufficient to de- 
fray the Expence of that Service had they been regularly called to 
it, may be allowed them in full for the whole. 

The Examinations of Samuel Hornyhook & John Wilson, taken 
before one of the Justices of the Peace for the County of Lancaster, 
touching the Loss sustained by them by Depredations of the Mingoe 
Indians, & the Reference of the House thereon being likewise read. 
The Board in Compassion to the low Circumstances of the said Suf- 
ferers, are of Opinion that they be allowed the Amount of their Loss, 
as sett forth upon Oath in their rexive Examinations, vizt: to the said 
Hornykook Five Pounds, & to the said Wilson Three pounds ten 
shillings. 

An Account was then exhibited by James Mitchel, of the County 
of Lancaster, for Charges by him expended on a Message to &; from 
the Indians, in the Year 1722, and for his Trouble in explaining to 
them the Treaty of Albany, by Order of the Government, (he being 
then the only ac'ing Magistrate in those parts of the Countrey,) And 
it appearing that the said Services were performed, & that no Al- 
lowance had been hitherto made to the said James Mitchel for the 
same. It is the Opinion of the Board that the Sum of Six pounds 
ten shillings &. six pence bo paid to him, in full for his Trouble & 
Expence aforesaid. 

And 'tis recommended to the Assembly to order the Pajt. of the 
respective Sums above mentioned. 



PROVINCIAL COUNCIL. * 407 

At a Council held at Philadelphia, Augt. 13th, 1730. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governor. 

Isaac Norris, Ralph Asheton, "J 

Clemt. Plumsted, Samuel Hasel. I Esq'rs. 

Thomas Laurence, J 

Was read a Bill sent up from the House. Entituled 
AN ACT to prevent the Erecting Wears, Dams, &c. in that part 
of the River Skuylkill from the falls of Spring Mill to the Extent 
of the navigable part of Tulpahockin Creek. It was Observed that 
the Intention of the Bill would be much better answered by prevent- 
ing all Wears & Dams throughout the whole River, & therefore it 
was proposed that the Bill should be amended accordingly, and the 
Title thereof be thus : An Act to prevent the Erecting of Wears, 
Dams, &c. within the River Skuylkill, which being agreed to, 
Amendments were drawn up & ordered to be sent down with the 
Bill. 



At a Council held at Philadelphia, Augt, 15th, 1730. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governor. 

James Logan, Ralph Asheton, > p , 

Clement Plumsted, Samuel H[asel. 3 '' 

A Bill sent up from the House o{ Representatives, Entituled AN 
ACT to remove the Trustees of the General Loan Office of Pensyl- 
vania, & appointing others to execute the said Trust, was read & a- 
greed to without Amendment. 

It appeared that the House had conceded to all the Amendments 
proposed to the Bill in the preceding Minute mentioned. 



EODEM DIE, P. M. 

The Governor, attended by Thomas Laurence & Samuel Hasel, 
Esquires, received the House of Representatives, & their Speaker 
having Presented to His Honour the two following Bills, they were 
passed into Laws of this Province, & Warrants were issued for af- 
fixing the Great Seal thereto, vizt : 

AN ACT to remove the Trustees of the General Loan Office of 
Pensylvania, & appointing others to Execute the said Trust. 

AN ACT to prevent the Erecting of Wears, Dams., &c., witliin 
she River Skuylkill. 

Then the House withdrew. 



Esq'rs. 



403 MINUTES OF THE 

At a Council held at Philadia, Augt. 27th, 1730. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lt. Govr. 
James Logan, Thomas Laurence, 

Isaac Norris, Samuel Hasel. 

THE GOVERNOR acquainted the Board that he intended to sett 
out the beginning of next Weeiv for New York, to pay a Visit to the 
Governor of that place which he had long since promised ; And as 
the Powers of Government would in his Absence devolve on the 
Board, he was now to recommend to them the Care of the Province 
6u the Preservation of the Publick peace, & to request that in case 
any thing extraordinary should happen during his Stay, an Express 
may be dispatched to him to hasten his Return. 

Upon which the Members present were of Opinion, that on this 
occasion it would be very proper to have a fuller Board, & for that 
End, that Notice in Writing should be sent to all the Members of 
Council who can conveniently be had, to attend to morrow afternoon, 
& that then the Governor might acquaint them with his intended 
Journey ; which being agreed to, 'TIS ORDERED that the Clerk 
prepare the said Notices, & putt them in the hands of the Messen- 
ger to be delivered to the respective Members. 

It being represented that Captain Anthony Palmer had for many 
years acted as a Member of this Board, but for some time past had 
declined the Service, 'TIS ORDERED that particular Notice in 
Writing be sent to him, to attend the Council at three a clock to 
morrow afternoon, at the house of James Logan, Esqr., or to give 
his Reasons why he will not, that the Board may come to some Reso- 
lution thereupon. It was likewise moved & agreed to, that the Pre- 
cedency of the Councellors should be settled, & for that End Mr. 
Logan was requested to search into the Minutes of Council, & to 
report the same to the Board at their next meeting. 



At a Council held at Philadia., Augt. 28th, 1730. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Govr. 
James Logan, Clement Plumsted, "^ 

Isaac Norris, Thomas Laurence, j 

Saml. Preston, Ralph Asheton, ^Esq'rs. 

Antho. Palmer, Samuel Hasell. j 

Willm. Fishbourn, J 

The Minute of yesterday's Council being read & approved, Mr. 
Logan in pursuance thereof, produced several Minutes of Council, 
to show the Rank which had been usually observed amongst the 
Members of this Board ; Upon perusal of which, & after due Con- 
sideration, 'TIS ORDERED that from henceforth the present 



PROVINCIAL COUNCIL. 409 

Members of Conncil be thus ranked, vizt : James Logan, Isaac Nor- 
ris, Samuel Preston, Anthony Palmer, Henry Brooke, William Fish- 
bourn, Clement Plumstcd, Thomas Laurence, Ralph Asheton &; 
Samuel Hasell. 

The Governor then Mentioned his intended Journey to New York, 
& recommended the Care of the Province in his Absence to the 
Board, who having wished His Honour a good Journey, & Safe 
Return to his Government, the Council broke up. 



At the Courtho. of Philadia., Augt. 29th, 1730. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lt. Governr. 
with the Mayor of Philadelphia, <^ several of the City Magistrates. 
A List was presented of the Names of Seventy Seven Palatines, 
who with their Families, making in all about Two hundred & Sixty 
Persons, were imported here in the Ship Thistle of Glasgow, Colin 
Dunlap Mr., from Rotterdam, but last from Dover, as by Clearance 
from that Port. The Master .being examined, said he had no particu- 
lar License for their Transportation : they were then called in, «fc 
having declared that their Intentions were to settle & live peaceably 
in this Province, the several Persons whose Names follow, did re- 
peat and sign the Declaration inserted in the Minute of the 21st of 
Sepr., 1727, & likewise took & subscribed the Declaration of Fidel- 
ity and Abjuration. 

Jobs. George Lodwick Has, Mathias Thais, 

Bernard Sigmund, Peter Biswanger, 

Hans Jacob Doll, Fredrick Reimer, 

Johannes Dunkell, Nichel Fizer, 

Christopher Better, Jacob Nagell, 

Johan Peter Osier, Johan Casper Smiet, 

Leonard Graw, Johan Siningern, 

Jeremias Hess, Ulrick Sherar, 

Velde Grisimer, Philip Groscost, 

Casper Frisman, Casper Bittner, 

Christian Leman, Johan Paulus Dillenhover, 

Stephen Remer, Johannes Sherer, 

Rudolph Draugh Johan Justice Sherer, 

Johannes Kunn, Hans Georg Hoffman, 

Lodwick Dillman, Nichol. Kinser, 

Johan Hendrick Smitt, Johannes Hoffman, 

Gerard Zinn, Philip Hants, 

Christopher Angubrant, Laurence Koff, 

Jean Henrix Fortineux, Abraham Transu, 

Michael Thomas, Casper Hartman, 

Hans Minigh, Thomas Hammon, 



410 



MINUTES OF THE 



Christian Shram, 
Jacob Stiffen, 
Rudolph Andreas, 
Fredrick Peifer, 
Leond. Kopplinger, 
Johs. Kopplinger, 
"W oiler Sparger, 
Voldrick Meidleman, 
Elias Meidleman, 
Jacob Ammon, 
Ulrick Steyner, 
Dolls. Britelman, 
Thomas Hass, 
Hendrick Hass, 
Johan Ekel Lukembourg, 
Henrick Ekenbili, 
Hans Simon Murs, 



Hendrick Gutt, 
Peter Travinger, 
Casper Griger, 
Bernard Renn, 
Dielrick Kober, 
Lutwig Moler, 
George Hurtzell, 
Lutwig Hurtzell, " 
Leond. Hoognunk, 
Peter Federolph, 
Peter Muller, 
Fredrick Likenberger 
Valentine Michael, 
Christopr. Hendrick, 
George Undetenard, 
Michael Thomas, 
Christian Thomas. 



IN THE ABSENCE of the Honble the Lt. Governr. 
At the Courtho. of Philadia., Sepr. 5th, 17S0. 

PRESENT : 

The Mayor dz. Recorder of the City, together with several Justices 
of the Peace. 

A List was Presented of the Names of Forty six Palatines, who 
with their Families, making in all about One hundred and Thirty 
Persons, were imported here in the Ship Alexr. & Ann, William 
Clymer, Master, from Rotterdam, but last from Deal. 

The Master being examined said he had no particular License for 
their Transportation : they were then called in, & having declared 
that their Intentions were to settle & live peaceably in this Province, 
the several Persons whose Names are subjoined did repeat & sign 
the Declaration inserted in the Minute of the '21st of September, 
1727, and likewise took & subscribed the Declaration of Fidelity 
and Abjuration. 



Anthony Muller, 

Daniel Cristman, 

Adam Fillipott, 

Hans Lensenns, 

Johan Fredrick Lausseness, 

Johannes Herler, 

Johan Adam Atler, 

Martin Muller, 

Johan Peter Waller, 

Frans. Plumm, 

Jacob Muller, 



Martin Creiner, 
Waldes Langhaer, 
Martin Yonger, 
Michael Blesser, 
Peter Tilman, 
Adam Shuler, 
Johannes Vitner, 
David Suffoltz, 
Michl. Firkman, 
Rudolph Mastersundts, 
Conrad Yongman, 



PROVINCIAL COUNCIL. 411 

Fredrick Meyer, Leopold Hilligas, 

Carles Callar, Henrick Cleiner, 

Hans Ulrick Krinston, Mathias Seltzer, 

Bernhard Meyer, Johannes Cleiner, 

Jacob Mejer, Hans Jerick Ham, 

Hans Musulburger, Johan Nicnl. Brecher, 

Martin Burger, Johannes Woldman, 

Hans Jacob Oberholts, Christian Princeland, 

Johan Fredrick Waller, Johan Sebastian Braft, 

Henrick Marta, Hans Micbi. Veidus, 

Geo. Michl. Brinsius, Hans Bartel Hemberger, 

Johan Philip Curnert, Johan Carl Hornberger. 



At a Council held at Philadia., Octr. 3d, 1730. 

PRESKNT : 

The Honble PATRICK GORDON, Esqr., Lt. Govr. 

Willm. Fishbourn, Ralph Asheton, ^p , 

Thomas Laurence, Sam!. Hasell. ^ ^ 

Returns from the several Counties of the Province, & from the 
County of Newcastle, of Persons elected for Sherifs 4' Coroners the 
ensuing year, were laid before the Board, & the following Persons 
were appointed to those Offices, vizt : 

For Philadelphia City & County. Charles Read and Nicolas 
Scull being returned for Shsrifs, & Owen Owen & John Roberts 
for Coroners, Charles Read is appointed Sherif & Owen Owen Cor- 
oiier. 

For Bucks County. Timotby Smith & Joseph Thornton being 
returned for Sherifs, & William Atkinson & Jonan. Woolston for 
Coroners, Timothy Smith is appointed Sherif & Jonathan Woolston 
Coroner. 

For Chester County. John Owen & John Bennit being returned 
for Sherifs, & John Wharton & Abra. Darlington, for Coroners, John 
Owen is appointed Sheriff Jno. Wharton Coroner. 
(Came in Clemt. Flumsted, Esqr.) 

For Lancaster County. John Galbraith & Daniel Jones being 
returned for Sherifs, & Joshua Lowe & John Mitchell, for Coro- 
ners, John Galbraith is appointed Sherif & Joshua Lowe Coroner. 

For Newcastle County. William Reid & John Gooding being re- 
turned for Sherifs, &; John Dening &, Abraham Gooding for Coro- 
ners, William Reid is appointed Sherif & Abraham Gooding Cor- 
oner. 

And Commissions are Ordered to be issued accordingly, the Sher« 
ifs giving Security as the Law directs. 



412 MINUTES OF THE 

October 6th, 1731. 
Out of Council. 

Returns from the Counties of Kent & Sussex being laid before 
His Honr., the following Persons were appointed to the Offices of 
Sherif & Coroner for the ensuing year, vizt : 

For Kent County. Daniel Rodeney & John Hall being returned 
for Sherifs, & Samuel Berry & Thomas Tarrant for Coroners, John 
Hall is appointed Sherif & Samuel Berry Coroner. 

For Sussex County. James Fenwick & Simon Kollock being 
returned for Sherifs, & Robert Smith & Cornelius Willbank for Cor- 
oners, Simon Kollock is appointed Sherif & Cornelius Wiltbank Cor- 
oner. 

And Commissions are Ordered to be issued accordingly. 



At a Council held at Philadia, Octr., 15th, 1730. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lt. Governr. 
Isaac Norris, Clement Plumsted "^ 

Saml. Preston, Thomas Laurence, ! p , 

Anthony Palmer, Ralph Asheton, j ^ 

William Fishbourn, Samuel Hasell, J 

The Representatives of the Freemen of this Province Elected 
the 1st instant, having mett yesterday in Assembly, pursuant to the 
Proprietor's Charter & the Law in that Case made & provided, and 
having proceeded to the Choice of a Speaker, did this day wait on 
the Governor to present him accordingly. 

And Andrew Hamilton, Esqr., addressing himself to His Honour, 
said that the House had been pleased to make Choice of him to be 
their Speaker ; that he was not unsensible but there were several 
Members of the House whose Abilities sufficiently qualified them for 
the Office to which he was now Chosen, and therefore, if His Honr. 
conceived that the Choice of some other Person might be more 
acceptable, he hoped his Honour would direct the House accord- 
ingly. 

To which the Governor answered, that he could not doubt but the 
Choice the House had made, of a Gentleman so well qualified, would 
be as acceptable to the Country in general as it is to His Honr. in 
particular. 

The Speaker having thanked the Governor for the good Opinion 
he was pleased to entertain of him, in the Name of the House re- 
quested, 

That they may enjoy Freedom of Speech in all their Deliberations 
&, Debates, <^ that his own unwilling Mistakes & Omissions may be 
excused. 



PROVINCIAL COUNCIL. 413 

That if in delivering any thing to His Honr. in the Name of the 
House that shall be given him in Charge, he happen to be mistaken, 
such Mistake or Inadverlance may not be imputed to the House, but 
that he may resort again to the House for Declaration of their true 
Intent & meaning, 4" the Error may be pardoned. 

That his Honr. would be pleased not to hearken to any thing that 
may be reported to him touching any matter moved or debated in the 
House, until the same shall have passed into a Resolve, nor give any 
Credit to such Report. 

That upon all necessary & urgent Occasions the House may have 
free Access to His Honr's. Person. 

All which Mr. Speaker said he now requested, as the just Rights 
& Privileges of the Representatives of the Freemen of Pensylvania- 
And His Honour having assured the House that they should be 
maintained in the full Use & Exercise of the same, they withdrew. 

The Governor then acquainted the Board thatnotwithstandingall his 
Endeavours, he had not yet been able to fill up the Vacancys in the 
Supreme Commiss'n; that he found those gentlemen whom he thought 
best qualified for that Service very backward to enter in it ; That 
repeated Applications had been made to him from the respective 
Counties of the Province, for the Tryal of several Criminals now in 
their Goals, and that some Expedient would be necessary to prevent 
any Delay of Public Justice. It was thereupon proposed & agreed 
to, that Special Commissions of Oyer & Terminer & genl. Goal 
Delivery, should be issued &sent into the respective Counties, direct- 
ed to such proper Persons as His Honr. can prevail with to undertake 
that Service. 



MEMORANDUM.— Novr. 5th, 1730. 
A Report having been spread abroad, that Mr. Fishbourn's House 
had been broke open on Sunday, the twenty fifth day of October 
last, (while the Governr. was at Newcastle,) and a large Sum of 
Public money which Mr. Fishbourn was about to deliver to the new 
Trustees of the Loan Office taken away, His Honour upon his Re- 
turn from Newcastle on the first Currt., imagined Mr. Fishbourn 
would apply to him &; acquaint him with his Misfortune ; but he 
neglecting to do it, the Governor thought fitt, by a Letter of the 
3d currt. to lett him know, that as his Conduct while a Trustee 
of the Loan Office, and the mistakes discovered in his Accounts, 
had already subjected him to very great Censure, this Report of 
his being robbed the very night before he was to pay the 
money left in the Office, to the new Trustees, was commonly 
received rather as a Pretence than a Reality, & that therefore it 
would be incumbent on him to clear up this Affair of the Robbery 



414 MINUTES OF THE 

effectually. To this Mr. Fishbourn returned a confused and evasive 
Answer, affirming however that he had lost the Money, but adding 
that he was willing to refer himself to the Judgement of the Assem- 
bly, to whom only he said he was accountable. 

Upon the Enquiry which was made into this Affair before His 
Honour, several Members of Council, many Merchts. & other Gen- 
tlemen of Philadelphia, the strong Presumptions of Mr. Fishbourn's 
Roguery, in attempting to impose this Robbery on the Publick, ap- 
peared but too evidently, which were afterwards fully confirmed by 
his Behaviour before the Assembly, & his declining to mention this 
pretended Robbery as an Excuse for the large Deficiency discovered 
in his Accounts, which if the Loss had been real, he would scarce 
neglected to have urged in his own Vindication. 



At the Courtho. of Philadia., Novr. 30th, 17S0. 

PKESENT : 

The Honble PATRICK GORDON, Esqr., Lt. Govr. 

Samuel Hasell' } ^^q'^^- Members of Council, 

Thomas Griffits, Esqr., Mayor, ^ ^ p, ., ,- 
Andrew Hamilton, Esqr., Recorder. 5 °^ t^^inaaia. 

A List was presented of the Names of Twenty four Palatines, 
who with their Families, making in all about Fifty two Persons, 
were imported here in the Ship Joyce, William Ford, Master, from 
Boston. They were called in, & having declared that their Inten- 
tions were to settle & live peaceably in this Province, the Persons 
whose Names are hereunto subjovned did repeat & sign the Decla- 
ration inserted in the Minute of the 21st of September, 1727, & 
likewise took & subscribed the Declaration of Fidelity &, Abjura- 
tion. 

Christian Miller, Johan Cuntz, 

Michael Shafer, Mark Ninger, 

Nicolas Swort, Johan Hoff, 

Daniel Swort, Andreas Soffman, 

Hans Wichel, Hans Ulrick Meyer, 

Johan Lutwig Wiche Leonard Fndry, 

Joseph Domm, Johan Michael Fisher, 

John Bear, Henrick Kilian, 

Hans Jacob Bear Jobs. Overbaeck, 

Leonart Koll, Zacharias Park, 

Henry Shefer Godfrey Schultze. 

Egram Hal 



}' 



PROVINCIAL COUNCIL. 415 

At a Council held at Philadia., Decemr. 3d, 1730. 
present: 
The Honble PATRICK GORDON, Esqr., Lieut. Govr. 

Isaac Norris, Clement Plumsted, 

Samuel Preston, Ralph Asheton, ^Esq'rs. 

Antho. Palmer, Samuel Hasell. 

Henry Brooke, 

The Governor informed the Board ihat by the Report made to 
him of the Proceedings of those Gentlemen who had delivered the 
Goals of the Counties of Philadelphia, Bucks & Chester, pursuant 
to the special Commissions for that purpose issued, it appeared that 
one Thomas Soames had received Sentence of Death for a Burglary, 
of which he was convicted by his own Confession, the Execution of 
which Sentence yet remaining to be done, he was now to take the 
Advice of the Board thereupon. And the same being had under 
Consideration, the Board are of Opinion that considering his Youth, 
<fc that John Head, his Master, had given a very favourable Charac- 
ter of his Behaviour, the Governor may if he pleases show Mercy 
by sparing his Life, but that Care should be taken to send him out of 
this Government. 



Esq'rs. 



At a Council held at Philadia. Janr. 6lh, 1730-1. 

PRESENT ; 

The Honble PATRICK GORDON, Esqr., Lt. Governr. 

Anthony Palmer, Thos. Laurence, } 

Henry Brooke, • Ralph Asheton, < 

The Governor laid before the Board a Draught of a Speech he 
had prepared for the House of Representatives, now mett purst. to 
their Adjournment, & the same being read & approved the House 
was sent for, who. attending accordingly, His Honour spoke to them 
as follows :. 

" Gentlemen : 

" The Tranquility which this Province at present enjoys, & the 
" growing Unanimity amongst us, which has. happily prevailed over 
" the past Feuds & Dissentions, are now so visible, that I cannot but 
" congratulate the Representative Body of this good People on a 
" prospect so delightfull in itself, so desireable by every good Man 
" who has a real & hearty Love for his Country, & which, as it 
" must give the highest Satisfaction to a Governor, cannot fail of 
" being equally agreeable to the Governed. 

" Amongst the many valueable Privileges derived to this Colony 
" from Our late Honble Proprietor, that of annual Elections is none 



416 MINUTES OF THE 

" of the least, whereby frequent Opportunities are given to the Le- 
" gislature of inspecting &. regulating our Publick Affairs, and as the 
" Persons chosen to that important Trust are supposed to be Men of 
" Virtue, Wisdom & Ability, so likewise from the Opportunities they 
" have in their respective Counties, of Knowing the State & Condi- 
" tion of their Countrey, they cannot but when convened together 
" & seriously disposed to promote the Publick Interest, be very good 
" Judges of those means by which our Happiness & Prosperity may 
" be promoted ; And from hence it is Gent., that I think it unneces- 
" sary at this time to mention to you such things, which as they 
" naturally fall under your Consideration in the Course of your 
" Proceedings, will no doubt be as seriously attended to as if they 
" had come particularly recommended from me. 

" I must nevertheless Observe, that as it hath pleased God this last 
" year, to bless not only these parts of America with a very plenti- 
" full Harvest, but also, as we hear, most of the Countries in Eu- 
" rope, which of Course has putt a stop to their Demand for our 
" Produce, it therefore naturally follows that our own Provisions 
" must be low. We ought however, as Plenty of the Fruits of the 
" Earth has ever been held one of the greatest Blessings of Heaven, 
" not only to acquiese but be humbly thankful! for our present AfRu- 
" ence, yet as many may by this means be pinched by a Stagnation 
••' of the Currency, which even ensues in all Countries where their 
" Produce is not in Demand, it may at this time be incumbent on us 
" to think of all possible Measures to recommend our Manufactures to 
<' a greater Degree abroad, that when at Market they may find a 
*' readier Sale. 

" I have understood that when this Colony was young & had but 
" little Experience, it exceeded all its Neighbours in the Fineness of 
" its Flour & Bread, & Goodness of its Beer, which are the only 
" Produce of our Grain ; the Regulations which have already been 
" made in the two first have greatly contributed to their Improve- 
*' ment as well as the Reputation of the Province, & it will still be- 
" come the Legislature to continue their Care & Concern in a Point 
"of such Consequence to the whole Country. But the Abuses in 
" the last are so gross that you cannot but be all sensible of the Re- 
" proach Brought upon us, when you hear how we have of late been 
" Supplied by a neighbouring Colony, & therefore I need say little 
" to excite your most vigorous Resolutions to apply a proper Reme- 
" dy, which in my opinion may very easily be found. 

" And if, besides such Measures as may render the Produce ot' 
" our Grain more valueable & consequently bring it more into De- 
" mand, Encouragement were given to raise such Commodities that 
" might have a constant & ready vent in Britain, & thereby help 
" to make Returns, it would certainly be of vast advantage to the 
*' Publick. 

" In my Speech to the first Assembly chosen after my Arrival, I 



PROVINCIAL COUNCIL. 417 

'* mentioned Iron, Hemp & Silk ; in the first of these divers pro- 
*' ceeded with Vigour, till the vast Quantities unexpectedly imported 
*' into Britain from tlie new Works in Russia, where the poor People 
" labour almost for nothing, have given some Damp to that Manufac- 
" ture. But as Silk comes from Countries long settled & accustomed 
" to the Business, where their Prices cannot much alter, and as no 
*' Climate in the World is found to agree better with tlie Silkworm 
" than this, since it is impossible that as the Inhabitants encrease 
" the raising of Grain should alwavs turn to Account for Exporta- 
" tion, nothing in my Judgement can be more worthy of our Appli- 
" cation than to excite the People to the planting of Mulberry Trees, 
" &. furnishing themselves with Silk Worms, since it is a Work of 
" which the poorest & feeblest are capable, & Children who can be 
'• of little other Service, may here find an Employment suitable to 
" their Years. As the Business is new. People will naturally be 
" backward in falling into the Practice, but if we consider that all 
*' Manufactures were so at first, that the West Indies were for some 
" time settled before they thought of raising Sugar, from whence 
" they now make vast Estates, we should not be discouraged, for all 
" things of this kind require only Resolution in the beginning, at 
" which most things appear difficult that afterwards become easie & 
" familiar. I therefore recommend it to you Gentlemen, to think of 
'• some suitable Encouragement that may pi'ompt the Inhabitants to 
" proper Endeavours on their parts, & I shall use mine to procure 
" Persons of Skill to lead them into a Way of finishing their Labours 
" to Advantage : The raising of Hemp & dressing it by water-rating, 
" the only Method we find for rendring it truly usefull, has already 
" its Encouragemt, & 'tis hoped in time this also may be applied to 
" make Returns. 

" These are the Points I shall now recommend to you, in which 
'* as I have nothing in View but the true Interest & Honour of the 
" Province & of every Subject under my Care, I cannot doubt your 
" ready Concurrence. This Disposition will naturally lead you to 
" Unanimity & Dispatch, the only means of giving Succes to all our 
" Counsels, and of a happy & speedy Issue to the Session, which 
" that we may attain, with sincere Expressions & real Proofs of Loy- 
" ally to Mis Majesty, Fidelity to our Honble. Proprietors, & with 
" the Increase of Love and Goodwill amongst all our Inhabi'-ants, is 
" the highest of my present Wishes." 

A Copy of the foregoing Speech being given to the Speaker the 
House withdrew. 



JANUARY 9th, 1730-1, 

A Petition of Several Germans praying to be naturalized having 
been presented to the Governor, His Honr. after a proper Enquiry 



41 MINUTES OF THE 

into their Characters, & by the Advice of some Gentlemen of his 
Council, sent the following Message in Writing to the House : 

" Gentlemen : 

" A Petition having been presented to me in behalf of several Ger- 
" mans now inhabiting this Province, a List of whose Names is 
" hereunto annexed, praying that they may enjoy the Rights & 
" Privileges of English Subjects, I have made Enquiry into their 
" Characters, &, find they have behaved themselves so well during 
" their Residence amongst us, that I have no Objection to their re- 
" ceiving this Mark of Favour from the Legislature of Pensylvania. 
" It likewise appears by proper Certificates produced to me, that they 
" have taken & subscribed the Qualifications by Law directed, & 
" therefore I hope your House will concur with me in passing a Bill 
" for their Naturalization." 

P. GORDON. 



At a Council held at Philadia, Janr. 29th, 1730-1. 

PRESENT : 

The honble PATRICK GORDON, Esqr., Lt. Govr. 

James Logan, Clement Plumsted, "^ 

Isaac Norris, Thomas Laurence, ! p, , 

Anthony Palmer, Ralph Asheton, j ^ 

Henry Brooke, Samuel Hasell. J 

The four following Bills sent up from the House of Representatives 
were this day read, vizt: 

1. AN ACT for Re-emitting «fe continuing the Currency of such 
Bills of Credit of this Province as by former Acts are directed to be 
sunk & destroyed. Touching which Bill the Governor expressed 
himself to this Purpose. 

That he could not but with great Uneasiness reflect on the Obsti- 
nate Conduct of some Members of the House, who on passing the 
last Act for emitting Thirty thousand pounds in Paper Curr'y. re- 
jected a Proposal then made to that House, wch if accepted, would 
have rendred the present Bill unnecessary, & thereby saved a con- 
siderable Publick Expcnce ; That however agreeable it might be to 
the Inclinations of the People in General, to have the Re-Emission 
intended by this Bill, yet there was no small Danger to be apprehend- 
ed even to the whole of our Currency, by multiplying Acts of this 
Nature, against which so great Prejudices are entertained at home. 
And therefore, tho' the Board should advise him to pass the Bill, yet 
that he could not be so far wanting in his Duty to the Publick as not 
to acquaint the House with the Hazard to which the same might be 
exDOsed, and the Vast Inconveniencies which would ensue upon a 
Repeal. And this His Honr. said he proposed to do by a written 



PROVINCIAL COUNCIL. 419 

Message, & would likewise lay hold of this Opportunity to mention 
the Necessity of appointing an Agent for our public atJiiirs in Brit- 
ain. 

The Board maturely weighing what the Governor had said & ap- 
plauding the Conc2rn he showed for thePubiick Interest, unanimously 
approved of the proposed Message, but were alike unanimous in their 
Opinion that the Re-Emission would' be extremely beneficial to the 
Province, & might during its Term prevent the Necessity of any 
further Provision for a Currency. 

Upon which the Bill was again read & Considered, & several 
Amendments being made thereto, were drawn up & Ordered to be 
sent down with the same. 

2. AN ACT for enabling Religious Societies of Protestants with- 
in this Province to purchase Lands for burying-grounds, Churches, 
Houses for Worship, Schools, &c., Touching which Bill a Petition 
of the Church Wardens of Christ Church in Philadelphia in behalf 
of themselves & the rest of the Congregation, being putt into the 
Clerk's hands, was by him presented to the Board & read, setting 
forth that the said Bill as the Petitioners conceive, tends to injure the 
Rights which certain Members of the said Church had in & to a 
Lott & Building formerly called the Kclthian Meeting house, praying 
that a Clause may be inserted, Saving to the Members of the said 
Church their just Right to the said Lott & Building. 

Upon considering the Bill it appeared that a sufficient saving 
Clause was therein contained, the Intention of the said Bill appear- 
ing to be just and equitable, the same was unanimously agreed to, 
& Ordered to be sent down with a small Amendment. 

3. AN ACT for the better enabling divers Inhabitants of the 
Province of Pensylvania to hold Lands, and to invest them with the 
Privileges of natural born Subjects of the said Province. 

& 

4. AN ACT for the Relief of Benjamin Mayne, with Respect to 
the Imprisonment of his Person. 

A small Amendment to each of these was likewise made, & Or- 
dered to be delivered to the House with the Bills. 

A Petition of the Magistrates, Grand Jury, ^' other Inhabitants of 
the County of Lancaster, v/as presented to the Board & read, setting 
forth that not having the Conveniency of any navigable water, for 
bringing the Produce of their Labours to Philadelphia, they are 
obliged at a great Expence to transport them by Land Carriage, 
which Burthen becomes heavier ihro' the Want of suitable Roads 
for Carriages to pass. That there are no public Roads leading to 
Philadelphia yet laid out thro' their County, and those in Chester 
County, thro' which they now pass, are in many places incommodi- 
ous. And therefore praying ihat proper Persons may be appointed 
to view & lay out a Road for the Publick Service, from the Town of. 

34 



4S0 MINUTES OF THE 

Lancaster till it falls in with the high Road in the County of Ches- 
ler, leading to the Ferry of Schuylkill at high street, & that a Review 
may be had of the said Publick Road in the County of Chester ; 
The Prayer of which Petition being granted, 

IT IS ORDERED that Thomas Edwards, Edward Smout, Robert 
Barber, Hans Graai", Caleb Peirce, Samuel Jones & Andrew Cornish 
of the County of Lancaster, or any five of them, view &■ lay out by 
Course & Distance, a convenient high Road from the said Town of 
Lancaster to the Division Line between the Counties of Chester i:. 
Lancaster ; And that Thomas Green, George Aston, William Pas- 
chal, Richard Buffington, William March, Samuel Miller &. Robert 
Parke of the County of Chester, or any five of them, do then joyn the 
above named Peroons of Lancaster Couniy, or any five of them, in 
continuing to lay out as aforesaid, the said Road from the Division 
Line aforesaid, till it falls in with the King's high Road in the County 
of Chester, leading tc Philadia., &i make Return thereof to this Board. 
And they, the above named Persons of the County of Lancaster, or 
any five of them, together with the above named Persons of the 
County of Chester, or any five of them, are further Impowered joint- 
ly to review the said high Road within the last mentioned County, 
& to report to this Board what Alterations may be necessary to be 
made therein, to suit the Convcniency of Carriages, and for the bet- 
ter Accommodation of the Inhabitants of this Province. 



February i2d, 1730-L 

A Bill Entituled AN ACT to disable William Fishbourn from 
holding anv Office of Trust or Profit within this Province, & to se- 
cure the Payment of a Provincial Debt due from the said William 
Fishbourn having been sent up from the House, the Clerk of l\e 
Council was Directed to give Mr. Fishbourn Notice in writing, (which 
he did accordingly on the 1st currt.,) that the same would be this day 
considered in Council, where he would be heard in his own Defence 
if he thought fitt to attend. 

The Governor likewise sent a verbal Message to the House to this 
Eftect : 

That His Honour having the Hill for disabling Mr. Fishbourn, now 
under Consideration, and the same being of an extraordinary Nature 
4* Tendency, tho' he is well perswaded the House would not have 
passed it without being fully convinced that the Facts therein alledg- 
ed are true, He desires the Gentlemen of the Committee appointed 
To manafje the Cliarge against Mr. Fishbourn, may be ordered to 
attend His Hour, at the Council Board with the said Charge, Mr. Fish- 
bourn's Answer thereunto, & the Evidences & Vouchers that support 
the same^ 



PROVINCIAL COUNCIL. 421 

EODEM DIE, 
A Council was held at Philadia. 

PRESENT : 

The Honble PATRICK GORDON, E^qr., Lt. Governr. 

Samuel Preston, ('lemeut Pluinsted, ") 

Anthony Puhner, Ralph Asheton, lEsq'rs. 

tlaury Brooke, Samuel Husell. J 

The Bill Entituled 

AN ACT to disable William Fishboiirn from holdinsr any Office 
of Trust or Profit within this Province, & to secure thePayment of 
a Provincial Debt due (rom the said William Fishbourn, was read 
And the Governor acquainted the Board that at his Desire the Mana- 
gers for the House were attending lb support the Charge against Mr. 
Fishbourn, to whom likewise Notice had been given to appear before 
this Board in his own Defence if he thought proper. The said 
Managers were called in, iSt Mr. Fishbourn appeared pursuant to the 
Notice given him. 

Tlie Managers proceeded to ope;i the Charge against Mr. Fish- 
bourn, and to support the same with several Papers & Accounts; 
after which Mr. Fishbourn was fully heard, <!^' then they were direct- 
ed to withdraw. 

The said Bill being again read, &: the Board having Maturely 
considered the Charge with Mr. Fishbourn's Defence thereunto, The 
Question was putt and RESOLVED in the Affirmative, 

That William Fishbourn hath been guilty of fraudulent &, most 
unjustifiable Practices, in the Execution of his Office as a late Trus- 
tee of the Gen). Loan Office of Pensylvania. 

And the Bill being agreed to, was ordered to be returned to the 
House without Amendment. 

Then was read a Bill Entituled, 

AN ACT for the better Prevention of Accidents that may ha[)- 
pen by Fire in the City of Philadia., by Bake houses ^y Cooper's 
Shops. 

To which some Amendments were made »fc ordered to be sent 
down with the Bill. 



FEBRUARY 3d, 1830-L 

The Bill for Re-Emitting & continuing the Currency of such Bills 
of Credit of this Province as by former Acts are directed to be sunk 
& destroyed, was this day returned to the House with the Amend- 
ments proposed in Council .& the following Message from the Gov- 
ernor : 



42JJ MINUTES OF THE 

" Gentlemen : 

'= I have perused & considered the Bill for re-emitting & continu- 
" ing the Currency of such Bills of Credit of this Province as by 
" former Acts are directed to be sunk & destroyed, and for striking 
" Forty thousand pounds more in new Bills to exchange the old ; 
" And 1 cannot hereupon but with great Uneasiness reflect upon the 
'' most unjustifiable Conduct of those who, when the last Emission 
" was under the Consideration of the House that made the Act for 
" it, so obstinately opposed that well judged Proposal, to issue one 
" entire new sett of Bills sufficient for our Currency, to be continued 
" for a Term by Re-Emission ; for such a Provision would have ab- 
" solutely prevented ths Occasion the House now finds for this new 
" Bill, &: thereby have saved much Time to the I egislature, with a 
" great Expense of money to the Publick, besides the vast Incon- 
" veniences & Hazards to which we expose ourselves and our whole 
'^. Currency, by multiplying Acts of this kind where there might have 
" been no manner of Occasion. 

" For surely Gentlemen, the weakest amongst us cannot but be 
" sensible that while every Act of ours is subject to a Repeal, when- 
" ever by Advice of His Ministry, His Majesty shall think fitt to 
" order it, While the Caution given us by the Board of Trade of the 
'• llth of May, \726, formerly communicated to. the Assembly, is 
" so express agst. enlarging our Currency, while not only a Prejudice 
" universalh/. obtains amongst the Merchants in Britain against it, 
" but we find His Majesty from time to time requiring His (governors 
'f to pass no Act for Establishing it that shall be in Force till it obtains 
" the Royal Sanction, of which the late Proceedings in New Jersey 
" areone Instance, & our News Papers have furnished us with others. 
'> When all this is considered 1 say, none can be so blind as not to 
" see the great Risque we run by multiplying such Acts without Ne- 
" cessity, since we thereby endanger our whole Currency. 

" However, as this Rill seems calculated only to answer the In- 
^ ' tention of the former much belter timed Proposal, & as it may 
" fully answer all the Exigencies of ihe Country, & prevent during 
" its Term, the Necessity of any further Provision for a Currency, 
" I shall venture to pass it with small Amendments. 

" But as by its being a new Bill it may still subject us to yet 
" greater Difficulties in Britain, I must now take this Opportunity 
*■' to insist on your making a due Provision for furnishing ourselves 
" with an able Agent in London, who may cordially &, sincerely 
" negotiate such Bills, together with our other Business at the sev- 
" eral Boards, since you cannot but be sensible that the Persons to 
" whom they have of late been sent, however worthy in other Res- 
*' peels is in tl.is Case absolutely improper, as being wholly disaffect- 
" ed to the Currency in general, nor if otherwise inclined would his 
" great Affairs allow of his Attendance. Not only the Advantages 
" but the Necessity of such an Agent are manifest ; for a suitable 
*' Encouragement to such a Person would induce him to devote a 



PROVINCIAL COUNCIL. 423 

" part of his time to the Study of our Constitution, the Circumstan- 
" ces of the Province & its Trade, and as a Man of Penetration 
" would soon make himself Master of these Points, he would not 
" fail on all Occasions of doing us eminent Service. By one thus 
" qualified better than by many written Representations, might those 
" Impressions which have been received to the Disadvantage of our 
" Currency be removed, the particular Laws framed for our Con- 
" veniency would be easily and naturally explained to those who are 
" to judge of them, & nothing would then be transacted at any of 
" the Publick Offices relating to us, of wiiich we might expect early 
"Notice; And a moderate yearly Sum laid out in this way might on 
" some Occasions save a very considerable Publick Expence. lam 
" led to press this the more closely, from some late Endeavours that 
" have been used to obtain a Repeal of the Law for establishing 
" Courts of Judicature, passed since my Accession to this Govern- 
" ment, which had it been obtained would have occasioned great 
" Confusion in the Publick Administration. And as the matter is 
" still depending before the Lords of Trade, it will become us to 
" take all suitable Measures to prevent a Design of this Nature; 
" And seeing all our neighbouring Governments carefully provide 
" proper Agents to appear for them & manage their Affairs, & our 
" own Assemblies as I am informed, have formerly voted the same, 
" I hope therefore a House of Representatives that I an\ persvvaded 
'' has the true Interest of the Province as fully at heart as any that 
'' has hitherto been convened, will no longer delay so important a 
" Provision. 

" Upon considering the Bill in Council one observation has been 
" made which will deserve your Notice, & this is that the striking so 
" large a Sum as Forty thousand Pounds to exchange torn or ragged 
" Bills may be attended with several Inconvenencies, unless it is pro- 
" posed to exchange all the Bills now current by the two first Acts. If 
" that is intended, the Bill as it now stands does not seem to express 
" it clearly, nor to direct that those Bills of Credit shall not be again 
•' issued, which it is conceived ought to be done in full and distinct 
" Terms. ' 

P. GORDON. 



FEBRUARY 4th, 1730-1. 

The House this day by a Message, acquainted His Honr. tl\at they 
had agreed to the Amendments proposed to the Re-Emitting Bill, 
And that in Pursuance of His Honour's Message of yesterday, they 
had appointed Ferdinand John Paris, Esquire, Agent for this Prov- 
ince, & had voted him a yearly Salary of^ Fifty Pounds sterling for 
that Service. 

The Governor desired the Members who brought up this Messa.ge, 



424 MINUTES OF THE 

to lett the House know that he very much approved of the Choice 
thev had made. 



FEBRUARY 6th. 

The Governor sent down the following Message to the House : 

" Gentlemen : 

" The Death of that worthy Gentleman Mr. Hill, & the Indispo- 
<' sition of Mr. Lloyd, which renders him unfitt to attend the Publick 
" Service, has occasioned two Vacancies in the Commission of the 
•' Supreme Court by our Constitution established, And tho' I have 
" used all proper Endeavours to gett them supplied, yet I find so 
" great Difficulty in prevailing with Men of Knowledge &l Abilities 
" to undertake those Offices, that I am obliged to acquaint you 
" therewith, lest this Failure should be laid at my Door. 

" Upon the late repeated Applications from the Several Counties 
" of this Province (or the Trial of Criminals then in Goal, 1 was 
" obliged to direct special Commissions of Oyer and Terminer & 
" Goal Delivery to three Gentlemen, who at my Earnest Request 
" were perswaded to perform that Service, which ought to be ac- 
" knowledged by the Publick ; And as Prosecutions of that Nature 
" are greatly multiplied amongst us, & several Complaints are daily 
'.' made, by Persons who either stand in need of Remedial VVritts 
" properly issued out of that Court, or whose Suitsare removed thith- 
" er <^- there remain undecided to their great Loss, It appears high- 
<' ly necessary that an Appointment should speedily be made of 
" proper Persons for Judges of that Court, that the End of its Es- 
" tablishment may be answered. But in Order to do this, as much 
" as may be to the general Satisfaction of all the Country, I must 
'• desire you to consider of (5" resolve upon such allowances to the 
" Persons so appointed, as may be some Inducement to Men of Ca- 
'' pacity to accept of those Offices, otherwise it will not be in my 
t' Power to remedy the Inconveniences which the Publick now 
•' sustains thro' the VVant of them ; And this I recommend to your 
'• serious Consideration." 

P. GORDON. 
In answer to which Message the Governor received the same day 
a Resolve of the House in these Terms, vizt : 

'* That the Governor may with safety depend on the Honour of the 
'- House, that Avhen he shall supply the Vacancies in the Supreme 
" Commission, the House will allow anv adequate Salary to the 
'^' Gentlemen who shall be appointed to that Trust." 



PROVINCIAL COUNCIL. 425 

EODEM DIE. 
At a Council held at Philadia. 

PRESENT : 

■ The Hon ble PATRICK GORDON, Rsqr., Lt. Govr. 

James Logan, Thomas Laurence, "j 

Henry Brooke, Ralph Asheton. lEsq'rs. 

Clemt. Plumsted, J 

The Governor acquainted the Board that the House had agreed 
to all the Amendments proposed to the several Bills which had been 
considered in Council at their two last meetings. 

Then were read two Bills sent up from the House, vizt : 

An Act for Amendment of the Law Entituled An Act for Relief 
of Insolvent Debtors : ^• 

A Supplement to the Law Entituled An Act to prevent the killing 
of Deer out of Season, and against carrying of Guns & hunting by 
Persons not qualified. 

Both which being agreed to, were Ordered to be returned without 
Amendment. 



EODEM DIE, P. M. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lt. Govr. 

Henry Brooke, Anthony Palmer, 1 y r 

Clement Plumsted, Ralph Asheton. ^ • q ». 

The House of Representatives waited of the Governor, and the 
Speaker having delivered to His Honour the Order of the House for 
his Support the current year, presented the following Bills for his 
Assent, which were accordingly passed into Laws of this Province, 
4* Warrants Issued for affixing the Great Seal thereto, vizt : 

1. AN ACT for Re-Emitting & continuing the Currency of such 
Bills of Credit of this Province as by former Acts are directed to be 
sunk & destroyed. 

2. AN ACT for Enabling Religious Societies of Protestants within 
this Province to purchase Lands for Burying grounds, Churches, 
Houses for Worship, Schools, &c. 

3. AN ACT for the better enabling divers Inhabitants of the 
Province of Pensylvania to hold Lands, & to invest them with the 
Privileges of natural born subjects of the said Province. 

4. AN ACT for the Relief of Benjamin Mayne, with Respect to 
the Imprisonment of his Person. 



426 MINUTES OF THE 

5. AN ACT to disable William Fishbourn from holding any Of- 
fice of Trust or Profit within this Province, &; to secure the Pay- 
ment of a Provincial Debt due from the said William Fishbourn. 

6. AN ACT for the better Prevention of Accidents that may 
happen by Fire in the City of Philadelphia, by Bakehouses & Coop- 
er's Shops. 

TAN ACT for the Amendment of the Law Entituled An Act for 
Relief of Insolvent Debtors. 

& 

8. A SUPPLEMENT to the Law Entituled An Act to prevent 
iheKillincrof Deer out o( Season, & against carrying of Guns &. hunt- 
ing by Persons not qualified. 

The Governor having thanked the House for the obliging man- 
ner in which they had provided for his support they withdrew, & 
the Council adjourned. 

N. B. The House adjourned to the 2d of August next. 



At a Council held at Philadia, April 8th, 1731. 

PRIiSENT : 

The Honble PATRICK GORDON, Esqr., Lt. Governr. 

Samuel Preston, Thomas Laurence, 

Anthony Palmer, Ralph Asheton, J»Esq'rs. 

Henry Brooke, Samuel Hasell. 

The Governor acquainted the Board that the time of the sitting 
of the Supreme Court now drawing nigh, it would be proper to fill 
up the two Vacancies in that Commission, occasioned by the Death 
of the Chief Justice <5- of Mr. Hill. And His Honour having named 
Isaac Norris, Esquire, to be Chief Justice, Jeremiah Langhorn, Es- 
quire, to be second Justice, ^ Doctor Thomas Grajme to be third 
Justice of the said Court, The Board unanimously expressed their 
Satisfaction with the said Nomination, and 'TIS ORDERED that 
Commissions be issued to them accordingly. 



At a Council held at Philadia., Augt. 4th, 1731. 

PllESKNT : 

The Honble PATRICK GORDON, Esqr., Lt. Govr. 

James Logan, Clemt. Plumsted, 

Isaac Norris, Ralph Asheton, J^Esq'rs. 

Samuel Preston, Samuel Hasell. 

The House of Representatives having mett on the 2d inst. pursuant 
to their Adjournment, The Governor laid before the Board a written 



} 



PROVINCIAL COUNCIL. 427 

Message drawn up for the House, touching the Application of the 
Sugar Islands to His Majesty in Council & the British Parliament, 
for restraining (he Trade of the Northern Colonies in America; And 
the same being read, together with a Letter from Mr. Paris, the Agent 
for the Province, It is the Opinion of the Board that the subject 
matter of the said Message is of such Importance iis well deserves 
the serious Application of the whole Legislature, &; the said Message 
being approved was ordered to be sent down to the House, & is in 
these Words : 

" Gentlemen: 

" The Publick Papers of the last Spring have apprized the whole 
" Countrey of the Application first made to His Majesty in Council, 
" and then to the Parliament of Great Britain by the Sugar Islands, 
" especially Barbados, for restraining the Trade of His Majesty's 
" Northern Colonies in America. 

" The first Notice of this Afiiiir from England did not reach 
" my hands till April last, and as the hearing of their Petition before 
" the Council was to be the latter End of that Month, I thought it 
" would be to no Purpose to call you together at a time wch might 
" have been inconvenient to your private Affairs, especially consid- 
" ering that our Remonstrances must have come very late, if any thing 
" had then been determined on the said Petition. By the last Advices I 
" understand that a Bill has passed the House of Commons, but from 
" the strong Opposition it mett with was not gott thro' the House 
" of Lords, where it now lies, & will undoubtedly be vigorously 
" pressed on next Session of Parliament. 

" I need not 1 hope observe to you of how great Importance this 
" Affair is to the whole Continent of America, & tho' it may be 
'• thought that the Trade of this Place with any of the Forreign Sugar 
" Islands is but inconsiderable with respect to that carried on by our 
" Neighbours, yet when the immediate Consequences of such a Res- 
" traint are maturely considered, it will be found that the General 
" Trade of this Colony will be most deeply affected by it, & the In- 
" conveniences such as must be sensibly felt by all its Inhabitants, 
" and especially the industrious Farmer, for it is evident that if our 
" Neighbours are denied the Vent they have had for their Bread & 
•' Flour in the Forreign Colonies, & be confined solely to our own, 
"the Price of our Staple Commodities will by means thereof be 
"* brought exceedingly low. 

" Our Honourable Proprietors have on this Occasion shewn their 
" Affection & Concern for our Interest by a warm opposition to the 
" Bill, and that Gentleman who at your last meeting was appointed 
" your Agent, has so far interested himself therein in behalf of this 
" Colony, & exerted himself with such Care and Assiduity for its 
" Interest, (Even before that Appointment could be made known to 
" him,) that I am extremly well pleased your Choice fell on so able 
" an hand, and I perswade myself his Services will meet with a 



428 MINUTES OF THE 

" proper Encouragement. I send herewith a Copy of part of a 
" Letter I received from him on the subject, which so fully gives the 
" then state of that Affair that you will want no other Information, 
" and with it I send some Prints that may be of use to you in this 
" momentous Affair, vvch I hope you will enter upon with a becoming 
"Concern, & prepare such Representations in Behalf of this Coun- 
" try to be laid before His Majesty & the British Parliament, & give 
" such necessary Directions therein to your Agents as a Matter that 
" so nearly Affects us all immediately calls for. 

" I have also another Affair of very great Importance to the Se- 
" curity of this Colony &; all its Inhabitants to lay before you, which 
" shall speedily be communicated to you." 

The Governor then proceeded to inform the Board that the Matter 
mentioned in the Close of the preceeding Message related to Indian 
Affairs, & would be found to be likewise of very great Consequence 
to the whole Province ; the Detail whereof His Honr. said he would 
leave to Mr. Logan, to whom the Information had been first given, 
&. who from his long Experience & Knowledge in those affairs, could 
give the best Account of it. 

That Gentleman then producing the Map of Lowisiana, as inserted 
in a Book called a New General Atlas, published at London, in the 
Year 1721, first observed from thence how exorbitant the French 
Claims were on the Continent of America ; that by the Descrip- 
tion in the said Map they claimed a great part of Carolina and 
Virginia, & had laid down Sasquehannah as a Boundary of Pensyl- 
vania. Then he proceeded to observe that by Virtue of some Treaty, 
as they alledge, the French pretend a Right to all Lands lying on 
Rivers of the Mouths of which they are possessed ; That the River 
Ohio (a branch of Mississippi) comes close to those Mountains which 
lye about 1"20 or 130 Miles back of Sasquehannah, wiihin the Boun- 
daries of this Province, as granted by the King's Letters Patent ; 
That adjoyiiing thereto there is a fine Tract of Land called AUe- 
gheney, on which several Shawanese Indians had sealed themselves. 
And that by the Advices lately brought to him by several Traders in 
those parts, it appears that the French have been using Endeavours 
to gain over those Indians to their Interest, ^ for this End a French 
Gentleman had come amongst them some years since, sent as 'twas 
believed, from the Governor of Montreal, and at his Departure last 
year carried with him some of the Shawanese Chiefs to that Gover- 
nor, with whom they at their Return appeared to be highly pleased : 
That the same french Gentleman, with five or six others in Compa- 
ny with him, had this last Spring again come amongst the said In- 
dians and brought with him a Shawanese Interpreter, was well 
received by them, had again carried some of their Chiefs to the said 
Govr., & the better to gain the Affections of the said Indians, brought 
with him a Gunsmith to work for them gratis. Mr. Logan then 
went on to represent how destructive this Attempt of the French, if 
attended with Success, may prove to the English Interest on this 



PROVINCIAL COUNCIL. 429 

Continent, and how deeply in its Consequences it may affect this 
Province, 4' after having spoke fully on these two Heads, Moved that 
to prevent or putt a Stop to these Designs if possible, a Treaty should 
bo sett on foot with the five Nations, who have an absolute Authority 
as well over the Shawanese as all our Indians, that by their means 
the Shawanese may not only be kept firm to the English Interest, 
but likewise be induced to remove from Allegheney nearer to the 
English !?ettlements, and that such a Treaty becomes now the more 
necessary, because 'tis several years since any of those Nations 
have visited us, and no opportunity ought to be lost of cultivating «fc 
improving the Friendship which has always subsisted between this 
Government t^- them. 

After which he observed to the Board that such frequent Com- 
plaints of late had been made of the Abuses committed by carrying 
large Quantities of Rum amongst the Indians, that it would be ne- 
cessary for the Legislature to take the same into their Consideran., 
& to provide a Remedy to so great an Evil ; That to this pernicious 
Liquor a late unhappy Accident in the Chief Family ofour Delaware 
Indians had been in a great measure owing, vizt : the Death of Shack- 
atawlin whom Sassoonan, his Uncle, had in a fitt of Drunkeness 
Killed. 

The Board upon mature Consideration hereof, were unanimously 
of Opinion that a Treaty with the five Nations is absolutely necessa- 
ry, and that it should be recommended to the House to m;d{e proper 
Provision for defraying the Charges thereof, and likewise to prevent 
the Abuses committed by carrying Rum amongst the Indians: But 
because it may be inconvenient in several Respects to have ^those 
Reasons for entring into a Treaty at this time with the five Nations, 
made publick, The Clerk of the Council is ordered to represent the 
same verbally to the House, & to deliver a shorter written Message 
on this subject, which was drawn up in these Words: 

" Gentlemen : 

" Upon some Notices I have lately received, the Import of which 
" will be now verbally communicated to the House, you will I be- 
" lieve, clearly see the Necessity of entring into some further Trea- 
" ties with the five Nations of Indians, whose Friendship is well 
" known to be of the highest Importance to the Peace & Security of 
" these Countries- And I must further add, that a most unfortunate 
" late Accident in the Chief Family of our late Delaware Indians, 
" by means of that pernicious Liquor, Rum, and the Abuses these 
" poor People suffer by its being carried to them in large Quantities 
" under the pretence of Trade, call also for a Redress, which at 
" this time becomes the more necessary, because by a due Provision 
" of this kind, our Treaties with them will be much facilitated «fe 
" strengthned." 



Esq'rs. 



430 MINUTES OF THE 

MEMORANDUM. 

On the News of Shakatawlin's Death, ^ that Sassoonan's Griel 
for the unhappy Accident was so great that it was like to cost him 
his Life, I'he Governor sent a Message desiring Sassoonan to come 
to Philadelphia, who came accordingly, <^ the Governor being ac- 
quainted therewith, 

A Louncil was held at Philadia., Augt. 12th, 1731. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lt. Govr. 

James Logan, Samuel Preston, 

Isaac Norris, Thomas Laurence. 

PRESENT ALSO : 

Sassoonan or Allummapees, King of the Delawares. 
Shekallamy, sent by the five Nations to preside over ye Shawanese. 
Peasquitoman, a Relation of Sassoonan's. 
Edmund Cartlidge, "| 

& Y Interpreters. 

James Scull, J 

The Governor by the Interpreters, spoke to Sassoonan in these 
Words : 

" Brother Sassoonan : 

" When we first heard of the unhappy Death of our Friend Sam 
" Sliakatawlin, we wereexcecdingly grieved for it. AVe heard also, at 
" the same time, that you were so much aflicted for his Lobs that you 
" forbore taking necessary Food, t^- that after we had lost two very good 
" Friends, Opekasset ^ him, we were in danger of losing you also. 
" To prevent this you were sent for, that we might take care of you 
" and preserve your Life, that you might still remain longer amongst 
" us & continue to preserve Peace, which we understood was always 
" your Inclination. But you ought to goe in mourning for him, and 
" I have ordered a Coat for you for that Purpose. 

" Brethren : 

" This unhappy Accident I understand, was owing to that perni- 
" cious Liquor, Rum, which has too often occasioned Mischief be- 
" fore, <^ I have received divers Complaints of its being carried in 
" Quantities amongst you. We have made many good Laws to 
" prevent this, but you are so fond of it yourselves that you will find 
" means to procure it. I now desire to know fully your minds 
" who are here upon that head, & what measures you would have 
" taken to regulate this Affair ; and if you will observe on your Parts 
" what shall be agreed on, I shall Endeavour the same shall be ob- 
" served on ours." 



PROVINCIAL COUNCIL. 431 

Sassoonan, by the said Interpreters, answered the Governor in 
Words to this EHect : 

That he understands very well what has been now spoke to him, 
and that he came hither on purpose to hear what the Governor had 
to say. 

That when he Killed his Cousin he lamented and grieved sorely 
for it & refused any Nourishment, but that on the Receipt of the 
Letter that was wrote to him from hence, he has come hither & ta- 
ken Food to keep himself alive, & it gives him great Comfort to 
hear now, from the Mouth of his Brother, the Words that have been 
spoke. 

That he is very sorry for his two Cousins, (Opekasset& Shacka- 
tawliri) who are dead ; notwithstanding which, he says that he will 
still hold fast by that wch is good & not depart from it ; And that he 
is glad that Shekellamy, who is of the five Nations, is now present 
& hears what is said, for that they, the five Nations, all his People 
and the English are as one. 

That it is very true the Indians have made frequent Complaints of 
Rum being brought amongst them in Large Quantities, &l that they 
theiTfiselve.s have too great a liking for it; But that of late very large 
Quantities are carried every where amongst thom; that many Horse- 
loads of it pass by his Door, & it all comes from Philadelphia, 
and that he cannot understand why such Quantities should be sent 
up. 

Sassoonan being then asked whether it was not his Desire that an 
entire Stop should be putt to the sending up of Rum amongst the 
Indians, Answered ; That there was lately a great Council of the 
five Nations &. Mohocks, where he understands it was agreed that 
the white People should not be suffered to bring any Rum amongst 
them, & that if an Indian wanted any he should goe to the white 
People and bring it himself That there is not so much Danger to 
be apprehended from the Quantities that the Incfians themselves rnay 
bring in this miinner, as from the great quantities that are brought 
aiBongst them by the while People, and his Desire is that no Rum 
should be suffered to be carried amongst them by the English, but 
that if any Indians want it, they should come to Philadelphia for it. 
That he looks upon all the English & the Indians to be as one 
People, closely united & joyned together, (^' 'tis to be feared by means 
oi' Rum Quarrels may happen between them & JMurlher ensue, 
which may tend to dissolve that Union & loosen the Tye between 
both. 

The Governor then told Sassoonan that he was well pleased with 
his Answer, <Sj presenting two Strouds Ok. a Blankett, gave thenn as 
a Confirmation of the Words he had spoke to them in behalf of tho 
Publick, and acquainted them that to morrow they would be discours- 
ed with about other Affairs. 



432 MINUTES OF THE 

AUGUST 13th. 

Sassookan having this day inett the Governr. and Trustees, to 
discourse about the Indian Lands, after that Afi'air was over. He de- 
sired to add something to what he Jiad said yesterday concerning 
Rum and the carrying of it into the Woods, vizt 

That the Indians do not desire that Rum should be entirely stopt 
<S* that none at all should be brought to them ; they would have some 
but not much, & desire none may be brought but by sober good men, 
who will take a Dram with them to refresh them &l not so much as 
to hurt them. The Governor knows there are ill People amongst 
the Christians as well as amongst them ; that what Mischief is done 
he believes is mostly owing to Rum, & it should be prevented. 

He desires that no Christian should carry any Rum to Shamokiu 
where he lives, to sell ; when they want any they will send for it 
themselves; they would not be wholly deprived of it, but they would 
not have it brought by the Christians; 

He desires lour Men may be allowed to carry some Rum to Alle- 
"heney, to refresh the Indians when they leturn from hunting, and 
that none else be admitted to carry any. They also desire that some 
Rum may be lodged at Tulpyhockin & Pextan, to be sold to them, 
that their Women may not have too long a way to fetch it. 



At a Council held at Philadia., August 16th, 1731. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lt. Governr. 

James Logan, 'Clement Plumsted, ") 

Isaac Norris, Thomas Laurence. vEsq'rs. 

Samuel Preston, J 

The preceeding Minute of what passed between the Governor &. 
Sassoonan being read & approved, The Governor acquainted the 
Board that there being then but i'ew Members of Council present, 
he had delayed reportins to the Board the Answers he had receiv- 
ed from the House of Representatives to the Messages agreed on 
the 4lh currt., the Minute of which Council was likewise read & ap- 
proved. 

His Honour then proceeded to report. 

That to the Message touching the Application of the Sugar 
Islands, he had received the House's Answer in the Ibllowing Words : 

" To the Honble Patrick Gordon, Esqr., Governor of thw 
" Province of Pennsylvania & Counties of Newcastle, Kent &, Sua- 
*' sex, Upon Delaware : 

" May it please the Governor : 

" Wc arc heartily concerned that the Account of the Application 



PROVINCIAL COUNCIL. 433 

'" of the Barbadians to the Parliament of Great Britain, lor an Act 
'• to restrain the Trade of the British Northern Colonies, canne so 
" late that the Representatives of the Freemen of Pensylvania had 
'• not the Opportunity to represent the great Injury such an Act 
" would be to His Majesty's Subjects inhabiting this Province, and 
'• how much they must suffer by such a Restraint, 

" But as this Misfortune was in a great measure supplied by the 
" vigorous & seasonable Application of the Honble Proprietary 
*' Family, We can do no less than acknowledge ourselves deeply 
" engan-ed to them, for their kind & generous Interposition in our be- 
" half. The Governour may be assured we shall readily defray the 
'' necessary Charges expended in that SoUicitation, and apply our- 
" selves to furnisli our Agent with such Information & Instruction 
" as we hope may be of weight when the Merits of the Bill comes 
" to be debated before the Noble Lords of the Upper House of Par- 
'* liament. 

" Signed by Order of the House, 

'' A. HAMILTON, Speaker.^' 
Whereupon he had thought proper to lay before the House the 
Accounts of Charges expended in the SoUicitation of this Affair, 
amounting to £,[2ti " " Str. with a Message in these Words : 
'• Gentlemen : 

" The Concern you express for the true Interest of your Country 
" by your Message of yesterday, in answer to mine of the day be- 
" fore, cannot fail of being eq.ially acceptable to all the good People 
" of this Province in general, as it is to me in particular. And as 
»' the S:)llicitations in Opposition to the Attempt of the Sugar Islands, 
'' have been attended (as in all such Cases is usual) with a necessary 
" Charge, I herewith send the Agent's Account of money expended 
•' ill that Affair, &, must recommend it to you to make Provision for 
«' his Re-imbursemcnt, & likewise to consider whether the Allowance 
'• you have established for him is not by much too small when coni- 
" pared with that of other T'olonies, whose Business cannot occasion 
" a greater Application vfe Fatigue than ours must necessarily do, 
'' And I perswade myself your House will the readier agree to this 
'' when 'tis considered that this Gentleman has Several other Affairs 
'' now under his Management at home, which are likewise of very 
" great Importance to the whole Province." 
Augt. Gth, 1731. 

That he had likewise received the House's Answer to the Message 
on Indian Affairs, in these Words: 

'• To the Honble Patrick Gordon, Esqr., Governor of the Province 
" of Pensylva. 



434 MINUTES OF THE 

*' The Answer of the House of Representatives to the Governor's 
" Message of the fifth instant : 
" May it please the Governor : 

" Upon Consideration of the Governor's Message & what was de- 
<♦ livered to us verbally by his Secretary, we have resolved that it 
" is the opinion of this House that as a good Understanding hath at 
" all times, since the first settlement of this Province, subsisted be- 
" tween our Proprietary & his Deputy Governors & the Indians of 
" the five Nations, so every Opportunity ought to be embraced to re- 
" new & maintain the same, & to putt them in mind that tlie Repre- 
*' sentatives of our late Honble Proprietarys & the People of Pensyl- 
" vania, retain the same Goodwill ar.d Friendship for the five Na- 
" tions whichthe Honourable William Penn always expressed to them 
" in his Lifetime, And this House v/ill readily defray the necessary 
" Charges that shall attend a Treaty with those People. 

" And it is also the Opinion of this House, tha: due Notice be 
" taken of our own Indians, some of whom as we are informed, 
" have of late been uneasy at the Christians settling upon some 
" Lands to which they pretend Claim. Wherefore we request the 
" Governor that he would be pleased to move the Proprietary Trus- 
" tees to purchase such Lands of the Indians, (wch we understand 
" they are desirous to sell,) and this We conceive would effectually 
" remove those Complaints, and cultivate a good Understanding be- 
" tween us & them. 

" We have duly considered the Laws of this Province now in 
" force against selling Rum to the Indians, & upon the whole are of 
" Opinion that unless the Indian Traders of our neighbouring Colo- 
" nies who daily traffick with our Indians, 4^ supply them with any 
" Quantity of Rum they are desirous or able to purchase, could be 
" restrained from thai Practice, all further Attempts to regulate our 
" own Indian Traders in this particular Article of Rum would prove 
" ineffectual. 

" Signed by Order of the House, 

"A. HAMILTON, Speaker." 

But conceiving it highly necessary that some further Regulation 
should be made in the Indian Trade, & to give some Satisfaction to 
the House as to the other Points contained in their Answer, he had 
sent down a further Message on this subject to the House in the fol- 
lowing Words, vizt : 

" Gentlemen : 

" As it is of the highest Importance to us at this time, that we 
" should not only cultivate the same good Understandinc with the 
*' Five Nations of Indians that has hitherto subsisted between this 
" Government & that People, but also that for the Reasons given in 
" my Message on this head, we should at this time Endeavour to 
" improve it further for our Security. I heartily thank you for your 



PROVINCIAL COUNCIL. 435 

■*' enabling me by your last Answer to speak to them on these Sub- 
" jects in the Name of the whole People of this Province, and for 
*' the Assurances you give me that your House will readily defray 
" the necessary Charges of the Treaty to be held with them. But 
" as the nature of such a further Treaty will absolutely require a 
♦' greater Expense than such as have hitherto attended our usual 
'' Treaties with them in this Place, & that money should immediately 
** be advanced at the time it is carrying on,I hope you will give such 
*' Orders to the Treasurer as that we may not be under any Exigen- 
"" cy on that head. 

" But as those People have from time to time complained of the 
" Abuses putt upon them by the great Quantities of Rum carried 
'" into the Woods, by means of which the Numbers of the Indians 
" under their Care are by unhappy Accidents daily lessen'd, a fatal 
*' Instance of v/hich has very lately happned that I doubt may deep- 
"' ly Affect us. And yet it is found altogether impracticable to carry 
" on a Trade with them ^- to furnish them with Necessaries for their 
" hunting & cloathing, which is the only Bond and Tie of their 
" Friendship with us, without some moderate quantities of that Li- 
" quor; nothing will more sensibly effect them nor more strongly 
" engage I hem to us, than if I can assure them that now, at this 
" present meeting of the Representaiives of all our People, we have 
" taken such measures as will furnish them with so much Liquor 
" as they shall judge really necessary for them, and yet that it shall 
" be so restrained as that the ill Consequences arising from larger 
*' Quantities forced on them, as the Practice has been, shall on our 
" parts be effectually prevented. I must therefore request you most 
^' seriously to apply your thoughts to this important Subject, and to 
" appoint a Committee that may agree on a Bill to be brought into 
■*' the House for that Purpose. 

" Your concern also that our own Indians should be made easie, 
" & those Complaints be removed that they have made of the 
" Christians settling the Lands they claim, is prudent & just, & in 
*' Complyance with your Request I shall not only move it to the 
" Proprietary Trustees to make a Purchase of these Indians, but 
" shall promote it by all the means in my Power. This I understand 
" has been long delayed, solely in Expectation of the Arrival of 
" some of our Proprietors, who as the Descendants of their late 
*' Honourable Father for whose Name all the Indians have the high- 
" est Regard, would be the most Proper to manage such an Affair 
*' with their own Estate. But as I am assured the Gentlemen no^r 
'' in Trust for them have all possible Zeal & Affection for the Peace 
" & true Interest of the Country, it is not to be questioned but that 
" convinced by the Necessity of it, they will proceed to the utmost 
** Length of the Powers they are invested with, so far as they caa 

35 



4S6 MINUTES OF THE 

*' with any Safety to themselves, to answer your & my Request im 
" so important an Affair. 

" August 7th, 1731." 

That upon Consideration thereof, & what was verbally represent- 
ed by Mr. Logan, who attended the House & was heard on this 
Subject, a Bill had been bt-ought in for preventing the Indians froia 
being abused by Rum &, strong Drink, &c., but that afterwards the 
said Bill was thrown out by a large Majority, of which His Honour 
tvas acquainted by a verbal Message from the House, & at the same 
time requested that the Laws now in force for regulating the Indian 
Trade, might be strictly putt in Execution. 

The Governor then observing to the Board with what pernicious 
Consequences the Practice of carrying large quantities of Rum 
amongst the Indians might be attended, & how much the Publick 
Peace might be endangered thereby, Proposed to consider of some 
Expedient to prevent so great an Evil. And the Board thereupon 
were of Opinion that a ProcJamn. should be published, to enforce 
Obedience to the Laws for regulating the said Trade, & to require alt 
the Traders to attend the Governor personally for their Licenses ; 
that a proper Examination may be made into their Character & past 
Behaviour, & that they come under such further Engagements as may 
be thought necessary for rendring the said Laws more effectual. And 
'TIS ORDERED that a Proclamation for this Purpose be prepared 
by the Clerk, and laid before the Council at their next meeting. 

The Governor acquainted the Board that an Opportunity now fa^ 
vourably presented itself of sending a Message to the Six (formerly 
called the Five) Nations by Shekallamy, who is willing to undertake 
it, & is a trusty good Man & a great Lover of the English ; That 
therefore he was now to advise with the Council Touching the said 
Message ; what Present might be proper to accompany it, and the 
Reward to be given Shekallamy. And the same being considered, 
the Board are of Opinion that an Invitation be sent to the Six Nations 
to come 1^ visit us at Philadelphia ; that a Present of about Ten 
pounds value shall accompany the Message, & It is Referr'd to 
Messrs. Logan ^~ Preston to provide the same, &, report what may be 
proper to give to the Messenger for his Trouble. 



At the Courtho. of Philadia., Augt. 17th, 1731, 

PRFSEVT : 

The Honble PATRICK GORDON, Esqr., Lt. Govr. 
Samuel Hasell, Esqr., a Member of Council, & 
Thomas Griftits, Esqr., Mayor of Philadia. 

A List was Presented of the Names of Thirty nine Palafinea, 



"FROYINCIAL COUNCIL. 



437 



Who with their Families, making in all One hundred & seven Per- 
sons, were imported here in the Ship Samuel, Hugh Peircy, Master, 
from Kotterdm., but last from Cowes, as by Clearance from that 
Port, The Master being examined said he had no particular Li- 
cense for their Transportan. ; They were then called in, and hav- 
ing declared that their Intentions were to settle & live peaceably in 
this Province, the several Persons whose Names are subjoyned, did 
repeat & sign the Declaration inserted in the Minute of 21st of Sep- 
tember, 1727, & likewise took & Subscribed the Declaration of Fi- 
delity and Abjuration. 



Johan George Crisner, 
Johan Fisher, 
Johan Michal Glain, 
Engelbrod Shrawes, 
Johan Henrick Knopp, 
Philip Knopp, 
Casper Holtzhausen, 
CJonraat Kert, 
Johan Jacob Groust, 
Johan Jacob Scheive, 
Johan Henrick Hermel, 
Frederick Babemeyer, 
Lutwig Han, 
Johannes Metzger, 
Joest Wenst, 
Christopher Kink, 
Conrad Mellar, 
Lutwig Goodbroodt, 
Christopher Ritter, 
George Sebald Madinger, 



HaHs George Bender, 
Johanes Ditreich, 
Hans Georg Loreman, 
Philip Fredrick Vogelj, 
Andreas Eriewyn, 
Johannes Millburger, 
Hans Ritter, 
Lutwig Heck, 
Johan Cristofall Bauor, 
Lutwig Sourmilg, 
Johannes Kauns, 
Johannes Pengler, 
Hans Adam Wartsmanj 
Johan Georg Kopp, 
Turgen Hendrick 
Barent Tysen, 
Georg Carl Wentz, 
Hans Jerig Loreman, 
Hans Georg Fleger. 



'rso 



At a Council held at Philadia., Augt. 20th, 1731. 

PRESENT : 

The Honble PATRICK GORDON, Esqr. Lt. Govr. 

Clement Plumsted, Ralph Asheton, ? p 5 

Thomas Laurence, Samuel Hasel. ^ ^'^ 

The Minute of the preceeding Council being read & approved, 
The Clerk according to order, laid before the Board a Draught of a 
Proclaination which being read was likewise approved, and 'tis OR- 
DERED that the same be sealed & published forthwith, and that 
printed Copies thereof be sent into each of the Counties, which Proc- 
•lamation is in these Words j 



4SS MINUTES OF THE 

« BY TRE HONOURABLE PATRICK GORDON, ESQRv 

*^ Lieutenant Governor of the Province of Pensylvania, & Counties 

•< of Newcastle, Kent <V. Sussex on Delaware, 

" A PROCLAMATION. 

«' WHEREAS by the Blessing of Almighty God on the just & 

" prudent measures which, at the first Settlement' of this Colony 

" were entred' into by its Honourable Founder, and have since been 

*' pursued by this Govei'nment, a firm ^ uninterrupted Friendship 

" has been maintained between the Inhabitants thereof & its Native 

" Indians, AND WHEREAS the more effectually to secure the 

" same several expensive Treaties with them- have been held, and 

»' divers wholesom Laws have be?n Enacted for regulating the Trade 

♦' carried on with the said Natives, and for preventing their being 

" abused with Strong Liquors. Notwithstanding which divers Per- 

" sons of late have made it their Practice to carry amongst the said 

" Indians large Quantities of Rum, by Means whereof they arc net 

" only grievously wrong'd, but such fatal Accidents too often ensue, 

" as without a timely tiuerposition may destroy that good Agreement 

*' which hath hitherto subsisted between them & us, and likewise 

" very much endanger the Publick Peace, as appears by the repeated 

" Complaints not only of our own Indians, but of those to the 

•' Northward, who have formerly been known by the Name of 

" the Five (but are now called the Six) Nations, AND WHEREAS 

" the Represe.qtati-res of the Freemen of this Province, at their last 

" Session of Assembly upon a serious Consideration of the Premi- 

" ses, have requested me that 1 would cause the several Laws now 

" in Force, for regulating the Indian Trade & preventing Abuses 

*' committed by selling Rum to the Indians be strictly putt in Execution, 

« I HAVE THEREFORE, by ^- with the Advice of the Council, 

*• thought fitt to issue this Proclamation, Hereby Requiring & Cora- 

*• manding all S,' singular His Majesty's Subjects within this Province, 

*' who are any ways concerned in the Trade with the Indians, that they 

" carefully observe & practice the Several Laws of this Government 

" thereunto relating, as they will answer the contrary at their Peril ; 

*' And that no Person or Persons whatsomever, presume to deal or 

" traffick with the Indians in the Woods unless they are recommend'^ 

" ed & licensed, as by An Act of General Assembly of this Prov= 

** ince, pass'd in the eight year of the Reign of His late Majesty 

<' KING GEORGE, of blessed Memory, Entituled ^n Act to pro- 

•* hibit the selling of Bum and other utrong Liquors to the Indians, 

" S," to prevent the Abuses that may happen thereby, is appointed 

" & directed. Hereby Notifying to all & every such Peison or Per- 

" sons as shall hereafter be recommended by the Justices of any of the 

»' County Courts of Quarter Sessions within this Government, to 

*' Me for a License, that they present themselves personally before 

" me in order to obtain the same: AND WHEREAS it hath been 

" likewise represented to \ne, that several Non Residents & unsettled 

•' Persons continue to come into this Province, and clandestinely 



PROVINCIAL COUNCIL. 439 

*' deal & traffick with the Indians, & not being under any proper 
"" Security are the less carefull ot" tlieir Behaviour in their Dealings 
^' with and Usage of the said Indians. 

" FOR PREVEN I ION thereof I hereby strictly enjoyn all & 
*' every of his Majesty's Justices of the Peace within this Goveru- 
*' ment, & more particularly those in the remoter parts of the Prov- 
" ince, that against such Offenders who shall hereafter be found 
" within the reputed Boundaries thereof, they cause An Act of Gen- 
" eral Assembly of the said Province, passed in the twelfth year of 
^' the Reign of his Late Majesiy KING WILLIAM the third, of 
" blessed Memory, Eutituled the Law about Indian Traders, to be 
^' strictly putt in Execution. 

" Given in Council at Philadelphia, under my Hand & the Great 
'^' Seal of the said Province the twentieth day of August, in the fifth 
** year of the Reign of Our Sovereign Lord GEORGE the second, 
" by the Grace of God King of Great Britain, France & Ireland, 
" Defender of the Faith, &c., Annoq. Dom. 1731. 

" GOD SAVE THE KING." 

The Governor then informed the Board that Isaac Norris, Esquire, 
having for certain Reasons declined the Office of Chief Justice of 
this Province, some other proper Person ought to be appointed there- 
unto. And His Honour having named James Logan, Esquire, as a 
Gentleman whose well known Abilities sufficiently qualify him for that 
StatiiMi, The Board uixanimously concurred in the said Nomination, 
&, 'TIS ORDERED, that he becommissionated Chief Justice accord- 
ingly. 

The Governor further represented that by several Petitions from 
iJhe Inhabitants of the back parts of Chester County, now laid before 
the Board, it appears there is great Want of a Magistrate there ; And 
His Honour proposing that one John Karnaughan being in those parts, 
■of whom he said he had received a favourable Character, should be 
assigned a justice of the Peace. The Board agreed thereto &, OK- 
DERED that he be Commissionated accordingly. 



At a Council held at Philadia.,, Septemr. 2d, 173L 
prksent: 
The Honble PATRICK GORDON, Esqr., Lt. Governr. 

James Logan, Thomas J_.aurence, "J 

Isaac Norria, Samuel Hasell. lEsq'rs. 

."Saml. Preston, J 

The preceeding Minute being read & approved, the Governor 
proposed the issuing of a Nev/ General Commission of the Peaec 
for the Ciry & County of Philadelphia, But the Consideration there 
■of for several Reasons is thought proper to be deferred. 



mx 



MINUTES OF TRET 



At the Courtha. of Philadia., Septr. 11th, 1731. 

PRESENT ; 

The Honble PATRICK GORDON, Esqr., Lt. Govr. 
Thomas Griffits, Esqr., Mayor of Philadia., ^ 
William Allen, Esqr., one of His Majesty's Justices of the Peace 
for the said City, &c. 

A List was presented of the Names of Fifty seven Palatines, who 
with their Families, making in all One hundred & seventy five Per- 
sons, were impoited here in the Ship Pensylvania Merchant, Jno, 
Stedman, Master, from Rotterdam, but last from Dover, as by Clear- 
ance from that Port. The Master being examined said he had no 
particular License for their Transportation : They were then called 
in, & having declared that their Intentions were to settle & live 
peaceably in this Province, the several Persons whose Names are sub- 
joyned, did repeat & sign the Declaration inserted in the Minute of 
the 21st of Septr., 1727 ; & likewise took & subscribed the Decls;^- 
ration of Fidelity and^Abjuralion. 



Michael Gabertz, 
Michael Feider, 
Johan Michael Moll, 
Hans Adam Kremmer^ 
Fredrick VViUsheyt, 
Hartman Hunsucker, 
Johan Bartel Gookar, 
Jacob Lanius, 
Pieter Smit, 
Abraham Foiber, 
Johan Nicolas Re,. 
Martin Boger, 
Jerig Hen rick, 
Christian Smit, 
Hans Georg Keyleir,, 
Jacob Steiner, 
Christain Weysar, 
Johannes Drell, 
Abraham Freeman, 
Fredrick Gybertz-, 
Fredrick Strubel, 
Christaiti Smidt, 
Johan Georg Meyer, 
Johan Georg Bergstroster, 
Johan Henrick Smidt, 
Johan Barent Arent, 
Christofoll Moll, 
Valentine Schultz, 
Frank Kryhe,; 



Johan Jacob Kryhe, 
Henrick Kreemer, 
Baltaar Seylcr, 
Johan Nicolas Steymutz, 
Johan Adam Egling, 
Christopher Beyer, 
Johan Jacob Woltzhofleny. 
Johan Schenkell, 
Valentine Snyder, 
Johan Philip Beyer, 
Gonraat Sybert,. 
Haas Martin Schultz,. 
Roolof Kusman, 
Johaiines Reymert, 
Nocholas Foss, 
Laurence Roodt, 
Conrad Koogh, 
Jacob Mumma, 
Melchier VVillholtz^ 
Adam Sowyer, 
Michael Gyger, 
Joannes Shaak, 
Johan Engelbert Lak^^. 
Johan Georg Smidt, 
Hans Michl. Horlogerj, 
Burkhorl Killmer, 
Johannes Bischoff, 
Andreas Beyer» 



PROVINCIAL COUNCIL. 



441 



At the Courtho. of Philadia., Sepr.21st, 1731. 

PRESENT ; 

The Honble PATRICK GORDON, Esqr., Lt. Govr. 



Clement Plumsted, 
Thomas Laurence. 



> Erq'rs., Members of Council. 



Derick Jansen, Esqr., one of His Majties Justices of Peace for the 

County of Philadelphia. 

A List was presented of the Names of One hundred & six Palatines, 
who with their Families, making in all Two hundred & sixty nine 
Persons, were imported here in the Ship Britannia, of London, Mi- 
•chael Franklyn, Mr., from Rotterdam, but last from Cowes, as by 
Clearance from that Port. The Master being Examined said he had 
no particular License for their Transportation. They were then 
called in, & having declared that their Intentions were to settle & 
live Peaceably in this Province, the several persons whose Names 
are subjoyned, did repeat and sign the Declaration inserted in the 
Minute of the 21st of Septr., 1727, & likewise took & subscribed 
the Declaration of Fidelity & Abjuration. 

Johannes Bartholomay Rieger. Hans Michael Willhelm, 



Louis Timothee, 
Geles Gelesen, 
Gisbertus Boors, 
Johannes Boors, 
Jacob Swenkoel, 
Henric Geber, 
Johannes Geber, 
Johan Hemic Geber, 
Jacob Ritsch, 
Lucas Vetter, 
David Vetter, 
Johannes Alberts, 
Abraham Allshousen, 
Johan Henrick Bahn, 
Hans Michael Blatnert, 
Veith Bruninger, 
Johan Jacob Beyer, 
Johan Adam Beyer, 
Henric Blicker, 
Leonard Bock, 
Hans Boshung, 
Hans George Ebert, 
Hans Michael Ebert, 
Johannes Eshleman, 
Johannes Agender, 
Johannes Frey, 
Hans Michael Deibellbissin, 
Hans George Deibellbissic, 



Joseph Beyer, 
Hans Georg Gunt, 
Hans Georg Friedle, 
Jacob Gunt, 
Hans Peter Garner, 
Hans Michael Henninger, 
Rudolph Holsinger, 
Hans Leonard Haltzarfall^ 
Erasmus Haltzarfall, 
Henric Herbertz, 
Jacob Hachman, 
Johan Heistand, 
Michael Horsch, 
Daniel Hubert, 
Christian Hubert, 
Jacob Carl, 
Ulrick Keyser, 
Henrick Kram, 
Nicolas Kennell, 
Jacob Kobell, 
Abraham Kern, 
George Dietric Kohl, 
Johannes Kirkner, 
Gottfried KrafFt, 
Valentine Klain, 
Wilhelm Kerkes, 
Wendel LautermilcHt. 



4l€Z 



MINUTES OF THE 



Christopher Lehman, 
Johan Philip Lutz. 
Hans Peter Lederman, 
Michael Meyer, 
Hans Jacob Menta, 
Jacob Meyer, 
Christofall Meyer, 
Johan Thomas Meyer, 
Hans Hen rick Martin, 
Jacob Mier, 
Michel Moths, 
Johan Casper Muntz, 
Christian MuUer, 
Herman Muller, 
Mathias Nehs, 
Johan Nehs, 
Dewald Nehs, 
Hans Georg NehSy 
Mathias Nehs, junr., 
Georg Passage, 
Gabriel Roscher, 
Johannes Roth, 
Jacob Rohr, 
Johan Adam Ruppert, 



Leonart Steininger,. 
Michel Nehs, 
Hans Georg Muller, 
Johan Leonard Bihimeir, 
Johan Martin Sakreider, 
Johan Michel Schrotner,, 
Michel Stocker, 
Georg Wilhelm Schwartz?,, 
Henric Lutwig Schwartz, 
Johan Adam Schroter^ 
Valentine Siegmund, 
Jacob Sumaker, 
Johannes Smiedt, 
Christofall Trubar, 
Hans Vogjer, 
Leonard Virohn, 
Oswald Wald, 
Hans Martin Wetzell, 
Georg Wanamaker, 
Johan Jacob Weynandj, 
Casper Weis, 
Jacob Wirtz, 
Jacob Nehs, 



24th September, 173L 

MEMORANDUM : The Governor, by and with the Advice of 
some Gentlemen of his Council, this day issued a Commission to 
Thomas Watson of the County of Bucks, Esqr., appointing him to 
be the Officer in that County, for putting in Force a Law of this 
Province for regukting Weights & Measures. 



At a Council held at Philadia., October 4th, 1731. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lt. Govr. 

Isaac Norris, Clemt. Plumsted. 

Samuel Preston, Ralph Asheton. 

Returns from the several Counties of the Province & from the 
County of Newcastle, of Persons elected for Sherifs & Coroners 
the ensuing year, were laid before the Board, with whose Approba- 
tion the Governor named the Persons following to fill those Offices : 



> Esq'rs. 



PROVINCIAL COUNCIL. 443 

For the City «5* County of Philadelphia. Charles Read d^ James 
Bingham being returned for Sherifs, & Owen Owen & John Rob- 
erts for Coroners, Charles Read is appointed Sherif, & Owen Owen 
Coroner. 

For the County of Bucks. John Hart and Isaac Penington 
being returned for Sherifs, & Willm. Atkinson & Jonathan Wolston 
for Coroners, Isaac Penington is appointed Sherif & Wm. Atkinson 
Coroner. 

For the County of Cheater. John Owen & William Smith being 
returned for Sherifs, & John Wharton & Benjamin Davis for Cor- 
oners, John Owen is appointed Sherif & John Wharton Coroner. 

For the County of Lancaster. John Galbraith & David Jones 
being returned for Sherifs, & Joshua Lowe & Edward Smout for 
Coroners, John Galbraith is appointed Sheriff Joshua Lowe Coro- 
ners. 

For the County of Newcastle. John Gooding &; Henry Newton 
being returned for Sherifs, <$• Abraham Gooding & Robert Robertson 
for Coroners, Jno. Gooding is appointed Sherif & Robert Robertson 
Coroner. 

And Commissions were Ordered to be issued accordingly ; the 
Sherifs Giving Security as the Law directs. 



October 6th, Out of Council. 

Returns from the Counties of Kent & Sussex being laid before 
His Honr., the Nomination was thus : 

For the County of Kent. John Hall & Thomas Tarrent being 
returned for Sherifs, & Samuel Berry & Nicholas Loockerman for 
Coroners, John Hall is appted. Sherif & Nicholas Loockerman Cor- 
oner. 

For the County of Sussex. Simon Kollock ^ James Finwick 
being Returned for Sherifs, & Cornelius Wiltbank & John Clowes 
for Coroners, Simon Kollock is appointed Sherif & John Clowes 
Coroner. 

And Commissns. are ordered to be issued accordingly. 



At the Courtho. of Philadia., Octobr. 14th, 1731. 

PRESENT : 

The honble PATRICK GORDON, Esqr., Lt. Govr. 

Clement Plumsted, ? -c. , n/i i m -i 

Ralph Asheton. 5 ^^^i'^" Members of Council. 

Thomas Griffits, Esqr., one of His Majesty's Justices of the Peace 
for the City of Philadelphia. 



4H MINUTES OF THE 

A List was presented of the Names of Thirty three Palatines, 
who with their Families, making in ail Seventy eight Persons, were 
imported in the Snow Louther, Joseph Fisher, Master, from Rot- 
terdam, but last from Dover, as by Clearance from that Port. The 
Master being Examined, said he had no particular License for their 
Transportation. They were then called in, & having declared that 
their Intentions were to settle & live Peaceably in this Province, the 
several Persons whose Names are subjoyned, did repeat ^ sign the 
Declaration inserted in the Minute of the 21st of Septemr,, 1727, 
and likewise took &, subscribed the Declaration of Fidelity &, Abju- 
ration : 

Gottfried Lehman, Philip Kintz, 

Johan Christian Lehman, Dorst Hooste, 

Jacob Michol, Hans Reeche, 

Jacob Keesey, Anthony Bankauf, 

John Vendal Keesey, Jehan Nicolas Smiet, 

Hans Jacob Brunner, Johannes Ulrick, 

Hans Bonun, Johannes Conrad Frank, 

Johann Matthias Cramer, Jacob Snively, 

Hans Georg Haunrig, Christopher Newbert, 

Philip Pieter Visenant, Joseph Christop. Bauman, 

Johan Pieter Visenant, Christian Ernest Hagenmuller, 

Henrick Hovervass, Dorts Bowman, 

Philip Eckford, Hans Philip Ulrick, 

Ulrick Michal, Caspar Bectar, 

Jacob Holtzinger, George Scholltz, 

Christopher Omborn, Daniel Veisiger, 

Melchior Hey don, 



OCTOBER 15th. 
The Reprnsentatives of the Freemen of this Province Elected the 
1st instant, having mett yesterday in Assembly, pursuant to the 
Proprietor's Charter of Privileges, and the Lavv in that Cas^ made 
and provided, and having proceeded to the Choice of a Speaker, noti- 
fied the same by a Message to the Governor last night, and desired to 
know when he would be pleased to receive them that they may pre- 
sent their Speaker. And His Honour having named ten a clock this 
forenoon for that Purpose the House waited on the Governor accord- 
ingly, to whom Andrew Hamihon, Esqr., addressing himself said, 
that the House having thought fitt to chuse him their Speaker, he 
was now before His Honour for his Approbation. The Governor 
having approved of the House's Choice, the Speaker in their Name 
made the usual Request for the Freedom of Speech ; Access to the 
Governor's Person, Protection during the accustomed time of Privi- 
lege, &;c., which the Governor having promised, the House with- 
drew. 
E. 



[.Esq'rs. 



PROVINCIAL COUNCIL. 445 

At a Council held at Philadia, the 12th Novr., 1731. 

PRESENT : 

The Honourable PATRICK GORDON, Esqr., Lt. Governor. 

James Logan, Thomas Laurence, 

Isaac Norris, Samuel Hasell, 

Clement Plumtsed, Ralph Asshelon. 

The Governor acquainted the Board, that by the Ship from Lon- 
don which arrived yesterday, he had received a Letter from Mr. Paris 
the Agent for this Province, giving Account that the Sugar Islands 
were making great preparations for renewing, next Session of Par- 
liament, their Application to obtain an Act for restraining the Trade 
ol these Northern Colonies ; That Petitions were coming from the 
Governor, Council and Assembly of each Island, to give their Ap- 
plication the greater Weight ; that it would be necessary the Oppo- 
sition should be made in the like manner, and therefore desiring that 
Petitions from Hence to His Majesty and both Houses of Parliament 
should be with all speed transmitted, together with full Instructions 
to himself; That the Act for establishing Courts of Judicature, pass- 
ed here in the year 1727, had after a long Consideration of it before 
the Lords of Trade & Committee of Council, been repealed. 

The Governor then observing that both these matters were of the 
greatest Consequences to the whole Province, &, required the imme- 
diate Consideration of the Legislature, desired the Advice of the 
Board whether it would not be proper forthwith to call the Assembly, 
in order to lay these important Affairs before them. 

The Board being unanimously of Opinion that the Speedy meet- 
ing of the Assembly for this purpose is absolutely necessary, 

IT IS ORDERED that Writts forthwith issue, requiring them to 
meet at Philadelphia, the twenty second day of this instant, Novem- 
ber. 
E. 



NOVEMBER 23d. 

The House of Representatives having melt last night, in pursu- 
ance of the Writts issued, notified the same to the Governor, who 
directed a Council to be Summoned to meet this morning, in order 
to lay before them a Speech which he intended to make the House, 
and likewise the Advices which he had received from the President 
of His Majesty's Council of Now York, touching thblncroachments 
of the French on that Government and the Erecting Fortifications 
in the Neighbourhood of Albany, with the Examination of Two 
Indian Traders taken here, relating to to the Practices of the French, 
in endeavouring to gain over to their Interest several Nations of 



446 MINUTES OF THE 

Indians now in League with (he English, of which His Honour had 
thought proper to take Notice in his said Speech, But a Quorum 
of the Council not meeting at the appointed time, The House was 
sent for, & the Governor spoke to them as follows : 

" Gent'emen : 

" It is not without some uneasiness to me, that on the Receipt of 
" certain Letters from our Agent by the last Ship from Britain, I 
*' found myself under a Necessity of calling vou together before 
" the .Day to which you stood adjourned ; Those parts of them which 
" have any Relation to our Publick Affairs I now lay before you, by 
*' which you will find that the Sugar Islands are preparing to renew, 
*' and more vigorously than ever, carry on their Attack against the 
" Trade of these Northern Colonies, in a Branch of it, in which tho' 
" we are not immediately and directly so deeply concerned as some 
*' others, yet if fhey are abridged of Vending their Flour in those 
" Channels, and confined only to such as this Province has generally 
" traffick'd in, it will in the Consequence no less nearly afiect our 
*' Trade in that Commodity than it will theirs, and all who depend 
*' on that Manufacture will be Equally Sufferers. I was therefore 
" unwilling that after I had notice thereof, one Day should be lost 
** in giving you an Opportunity of considering what further Meas- 
" ures were proper to be entred into by this Government, in order 
" to prevent if possible, so severe a Blow to the Trade of this Place, 
" and such a heavy Discouragement to the industrious Farmer, by 
" wliose Labours grain is raised. 

" The Repeal also of our last Law for establishing Courts of Judi- 
" cature, obtained by the Endeavours of some Persons on pretence 
'* that it is prejudicial to His Majesty's Interest, (of which, tho' it is 
** not notified to me in form, I have notwithstanding certain Advice,) 
" may deserve your Consideration. Yet as by that Repeal the for- 
" mer Law, pass'd in the Year 1722 for the like purpose, comes 
*' again in force, the Inconveniency I hope will be the less ; the 
*' greatest is the Charge that you will find hath attended the Defence 
'' of it, which tho' greater than we could have wished, had been in- 
" curred on that Occasion, yet as the Pains that have been taken 
" in that Defence give a manifest proof of the Care and Vigilance 
" of our Agent, in supporting the Rights of the Freemen of this 
" Province, you will no doubt consider his Services and the Neces- 
" sity of a further Encouragemet to one in his Station. 

" The late Encroachments of the French in erecting Fortifications 
*' so near to Albany, and their incessant Endeavours in practising 
" on our Indians, to gain them over to their Interest, have deservedly 
" alarmed our Neighbours, the Province of New York, who have 
♦' humbly besought his Majesty's Protection, and from his Royal 
" Concern for the Ease and Security of all his Subjects, it is to be 
" hoped effectual Measures may be concerted for putting a timely 
" stop to such dangerous Attempts in these his Majesty's Dominions. 
" From what hath been communicated to me on these Heads, and 



PROVINCIAL COUNCIL. 447 

♦' the Examinations of some of our own Indian Traders lately taken 
*' before me, you will clearly see the Necessity of turninij your 
" Thoughts to the Consideration of Indian Affairs, and of providing 
" by proper Regulations for the Peace and Safety of the Province, 
♦' which is too frequently endangered by Persons Settling on Lands 
*' not yet purchased of the Natives, and the undue Manner in which 
" our Trade with them for these several Years past has been carried 
" on. AVe have now large Expectations given us of seeing one of 
" our Honourable Proprietors here next Spring, who, as they suc- 
" ceed to the Honours and Estate of their much Esteemed Father, 
" our late worthy Proprietor, we cannot doubt but they Equally in- 
" heiit his Virtues and imitate his Example, in their Affection and 
" Goodwill for this Province, and therefore cannot fail of being 
" cordially received by all its Inhabitants. 

" It may be very convenient to proceed at this Meeting to consider 
" of such other publick Business as may come before you, which 
" will be an Ease to yourselves and a means of lessening the Pub- 
" lick Expence." 
E. 

Extracts of several Paragraphs of the Agent's Letters, the Ad- 
vices from New York, & the Examination of two Indian Traders 
were the same day sent down to the House from the Governor. 



NOVEMBER 24th. 

The Governor this day received the following Address from the 
House : 

" To the HONOURABLE PATRICK GORDON, ESQUIRE, 
" Lieut. Governor of the Province of Pennsylvania, &c : 

" The ADDRESS of the Representatives of the Freemen of the 
" said Province in General Assembly met. 

" May it please the Governor : 

" We are very sensible of the Great Care and Regard the Gov- 
" ernor has upon all Occasions shewn for the Prosperity of the 
'' Province of Pennsylvania ; And we esteem the calling us together 
" at this time and upon this Occasion, and the communicating to us 
" the Advices from Great Britain, as a fresh Instance of his real 
" Concern for our Welfare. 

" We are fully convinced that if such an Act of Parliament as 
" is pray'd for by the Inhabitants of the Sugar Islands, should pass, 
" it would be of very ill consequences not only to his Majesty's 
" Northern Colonies in America, but also to the Trade of Great 
" Britain itself. And we should be much wanting in our Duty to the 
" People we represent, did we not lay hold of every Opportunity and 
" do every thing in our Power, that we can judge may be proper to 



448 MINUTES OF THE 

" prevent the destroying this infant Colony, which the Festraining of 
" its Trade would effectually do, by that means putting it out of our 
*< Power to be serviceable to our Selves, or usefyl to our Mother 
" Country. 

" We are extremely concerned that their Lordships of the Board 
*' of Trade were so ill informed of the Intentions of the Legislature 
" of Pennsylvania, in passing the Act of Assembly for establishing 
*' Courts of Judicature, or that it should be understood as proceed- 
*' ing from a want of Duty to the King or Regard to the Persons 
" employed under him. 

" The Governor is sensible the Legislature had no other View in 
" the making that Act, than to give an Opportunity to all Persons 
" who may have to do with Courts of Justice here, to apply to a 
<' Superior Judicature for Redress, by way of Appeal or Writt of 
*' Error, if they conceived themselves aggrieved by the Sentence of 
" that Court, before whom Judgement was given, which by our Con- 
" stiluiion no Person can have but by Appeal to Great Britain, if the 
" Supreme Court can hold Plea of Causes originally commenced 
*' there. But upon reading the Papers which the Governor has been 
" pleased to communicate to us touchingthe Repeal of the said Law, 
*' and the Methods that have been taken to obtain it. We cannot help 
" saying that so much of the Representation made to the King as 
" insinuates the Partiality of our Inferiour Courts of Justice, or that 
*' the said Act was gained by the undue Influence of particular Per- 
" sons, on the Governor and the General Assembly of this Province, 
*' is false and scandalous, and that the Authpr studied rather to re- 
*' commend himself by such Suggestions, than to do His Majesty any 
" real Service. 

" We are well satisfied of the care and diligence of our Agent, 
*' and shall not be wanting to give such Encouragement as his Ser- 
«' vices deserve and our Circumstances will admitt. But we observe 
" with Concern that the Expenses arising upon the Solicitation of 
*' our Affairs in England this last year, which are now to be discharg- 
*' ed, have far exceeded any thing of this kind that hath hapned to 
'' this Province heretofore. 

" We cannot be without just Apprehension of the daily Encroach 
" ments of the French, as well upon our own Frontiers, and our In- 
" dians, as those of our neighbouring Colonies. This Oanger now 
" seems very eminent, and tho' we have not the means in our hands 
" to prevent it, yet we esteem it our Duly to do every thing in Pow- 
" er to give our Superiors a true Information of the ill State of the 
<« Northern Colonies in general, and of the Subjects of the Crown 
«' of Great Britain inhabiting the Province of Pennsylvania in par- 
«' ticular, from the late bold Attempts of our two nigh Neighbours, 
•' the French, whose Assiduity even n>w in Time of Peace, in ma- 
«' kin<T Encroachments upon our Country, is but too manifest. 

" We are of Opinion that the due Execution of the Laws now in 



PROVINCIAL COUNCIL. 449 

" being, may be very effectual to prevent any mischiefs arising eith- 
" er by the ill Practices of our Indian Traders, or the People's 
*' settling upon the Lands not yet purchased of the Natives. 

" The Liberties and Privileges we derive by the Charter 
" granted to the People of this Province, by our late Honourable 
" Proprietor, cannot fail of exciting in every good Man a strong De- 
" sire of seeing any of His Descendents here, and their being In- 
" heritors of his Vertue and Affection to the People, will justly 
" Entitle them to a joyful Welcome to their Province of Pennsylva- 
•' nia." 

Signed by Order of the House. 

" A. HAMILTON, Speaker." 

To which His Honour gave the followmg Answer : 
^, *' Gentlemen : 

" The Regard you express for the Honourable Proprietary Fami- 
" ly, and the Sense you entertain of my Endeavours for the Publick 
" Service cannot but be very agreeable to me. And I am perswaded 
" your House will not fail of shewing a proper Zeal for the Interest 
*' of your Country, by a carefuU Consideration of what has been 
" recommended to you." 
E 



NOVEMBER 25th. 

The House by a Message having this day desired that the Gover- 
nor would please to appoint some Gentlemen of his Council to confer 
with a Committee of the House, on the Subject of the Addresses to 
be prepared for His Majesty and both Houses of Parliament, The 
Governor appointed James Logan, Isaac Norris & Clement Plumsted, 
Esquires, for that Purpose, and notified the same to the House by his 
Secretary. 

E. 



At a Council held at Philadelphia, Novr. 27th, 1731. 
phesent: 
The Honourable PATRICK GORDON, Esqr., Lt. Governor, 

James Logan, 

Isaac Norris, i. Esquires. 



Samuel Hasell. 



} 



The Governor having imparted to the Board the several Papers 
referr'd to in his Speech, together with the House's Address, a Bill 
sent up was read, Entituled 



450 MINUTES OF THE 

AN ACT for Reviveing and continuing the Proceedings of the 
Courts of Judicature within this Province, to which some small 
Amendments being made, the same was ordered to be sent down to 
the House. 

The said Amendments being agreed to : 

P. M. 

The whole House waited on the Governor, and their Speaker pre- 
senting the Bill above mentioned for His Honour's Assent, the same 
was passed into a Law of this Province, & a Warrant Signed for 
affixing the Great Seal thereto. The Governor was acquainted 
that the Addresses when fairly engrossed would be laid before him. 
E. 



At a Council held at Philadelphia, Decemr. 4th, 1731. 

PRESENT : 

The Honourable PATRICK GORDON, Esqr., Lt. Governor. 

Clement Plumsted, Ralph Assheton, ) t,, 

Thomas Laurence, Samuel Hasell. 5 

The Engrossed Adresses to the King, Lords & Commons which 
had been prepared by a Committee of this Board and of the House 
of Representatives were this day read, and being Signed by the Gov- 
ernor and by the Clerk of the Council by Order of the Board, were di- 
rected to be returned to the Committee appointed by the House to 
correspond with the Agent, that being signed by the Speaker th6y 
may be forthwith transmitted. 

Which several Addresses are in these Words : 
" TO THE KING'S MOST EXCELLT. MAJESTY : 
" THE PETITION of the Lieutenant Governor and his Council 
" and of the General Assembly of the Province of Pennsylvania: 
" In most humble manner sheweth : 

" THAT the tender Concern your Majesty has on all Occasions 
" shown for the Prosperity of your People, and your Singular Good- 
" ness in condescending to hear the Complaints of even the meanest 
" Emboldens us, your Majesty's Dutifull and most Loyal Subjects, 
" to cast ourselves at your Majesties feet and implore your Princely 
*' Interposition in favour of your Northern Colonies on the Continent 
♦' of America, now most unnaturally attacked by Our fellowSubjects 
«' of Your Majesty's Sugar Islands, who not content with the Great 
" Gains they yearly make from their rich Plantations, Endeavour by 
♦' Misrepresentations to obtain an Act of Parliament for debarring 
" these Colonies in Eft'ect, from all Commerce with any others in 
" America but themselves. The certain Consequence of which 



PROVINCIAL COUNCIL. 451 

*** would prove avast Diminution to the Navigation of Great Britain, 
■" an Increase of the Shipping of Our foreign Neighbours, a large 
*' Reduction to the Exportation of the British Manufactures, and by 
" the Decay of their Trade would extreamly impoverish these your 
*' Majesty's Colonies, and by that means not only render us useless 
<' to Our Mother Country but expose Us to great Dangers from 
" our powerful! Neighbours, the French, by whom we are now sur- 
" rounded. 

•^ We therefore most humbly beseech your Majesty, that you 
" would be graciously pleased to extend your Princely Compassion 
*' to Us by discouragemg an Attempt so injurious, as well to the 
" Interest of Great Britain as to that of your Majesty's faithful and 
*' Loyal Subjects, inhabiting your Northern Colonies in America. 
*' And your humble Petitioner's as in Duty bound, shall ever pray 
■" for your Majesty's Long and prosperous Reign." 

« TO THE RIGHT HONOURABLE THE LORDS SPIRIT- 
•' UAL <fe TEMPORAL, in Parliament Assembled. 

" THE PETITION of the Lieutenant Governor, his Council 
*' and of the General Assembly of the Province of Pennsylvania, 

" Hum;bly Sheweth : 

" THAT a Design having been formed by some Inhabitants of 
*' His Majesty's Sugar Islands, to promote their own private Advan- 
" tage by restraining the Trade of His Majesty's Northern Colonies 
*' on the Continent of America, and engrossing it to themselves, A 
" Bill for that Purpose was brought into the Parliament of Great 
" Britain at their last Sessions, which then most happily Stopt with 
" your Lordships. 

" That your Petitioners are under the deepest Concern to find that 
*' an Attempt of the like Nature is again to be renewed, which, should 
*' it take Effect, will not only tend to the Ruin of this and the other 
*' British Colonies on this Continent, but likewise most sensibly Affect 
< ' the Trade and Interest of Great Britain itself. 

" Your Petitioners therefore most humbly pray that they may be 
*' heard by Council, before any Bill so injurious in its Consequences 
" to this and His Majesty's other Northern Colonies on the Conti- 
" nent of America, do pass into a Law. And your Petitioners as ia 
" Duty bound, shall ever pray, &c." 

" TO THE HONOURABLE THE COMMONS OF GREAT 
« BRITAIN, in Parliament Assembled : 

" THE PETITION of the Lieutenant Governor and his Coun- 
*' cil & the General Assembly of Pennsylvania, 

" Humbly Sheweth : 

" THAT from the great Care and Vigilance the House of Conv- 
*' mons hath at all times shewn lor the Welfare and Safety of their 
" fellow Subjects of every Degree, your humble Petitioners are en- 
" couraged to hope that the same tender Regard will be extended to 



452 MINUTES OF THE 

" them and His Majesty's other Northern Colonies in America, in a 
" Point that not only deeply affects their Interest, but That also of 
*' the whole Kingdom of Great Britain. 

" This, may it please your Honourable House, is the unnatural 
*' Attempt of His Majesty's Subjects of the Su»ar Islands, who 
" presuming as we Judge, on their great Wealth already acquired, 
" and in hopes of further augmenting it, are now endeavouring to 
" obtain an Act for restraining the Trade of these Colonies with the 
*' foreign Plantations, and in a great Measure confining it to them- 
" selves alone, not only to the Oppression of His Majesty's Subjects 
" Inhabiting these Colonies, but to the Manifest prejudice of Britain 
*' itself, by lessening the Exportation of its Manufactures, which on 
" the passing of such an Act must inevitably Ensue. 

" But if it shall appear that these His Majesty's Colonies will by 
" such an Act, if it should Pass, be not only impoverished, and 
" thereby made an Easy prey to our Powerfull and watchful! Neigh- 
*' hours, the French, who now surround us and appear bent on en- 
" larging their Dominions, but also be rendred useless and unprofit- 
*' able to Great Britain. Your Petitioners crave Leave to hope from 
*' the Great Wisdom of this Honourable House, that an Attempt 
*' which may be attended with so many destructive Consequences, 
*' will never be Countenanced by the Commons of Great Britain. 

" Wherefore your Petitioners most humbly pray that they may 
" be heard by their Council against the Bill, and in Support of what 
" is with all Dutyfull Submission here alledged. And your Peli- 
" tioners as in Duty bound, shall ever pray." 
E. 



At a Council held at Philadelphia, Decemr. lOth, 1731. 
prksent: 
The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 

James Logan, Clement Plumsted, } p , 

Isaac Norris, Samuel Hasell. 5 

Shekellamy accompanied with Cehachquey, a Cayoogoe Indian, 
being returned from the Six Nations, reported by Conrad Weyser 
and John Scull, Interpreters : 

That he had delivered the Governor's Message to the Chiefs of the 
Six Nations atTsanandowa, who were extremly pleased to hear from 
the Governor ; that they received the Message very Kindly, but said 
that the Winter now coming on they could not come down, but would 
certainly visit us in the Spring when the Days are longer, in Con- 
firmation whereof they have sent a small Bundle of Indian drest 
Deer Skins. That the Chiefs of these Nations are now grown very 



PROVINCIAL COUNCIL. 453 

old tiod unfttt to bear the Fatigue of a long Journey, but that they 
will certainly visit us their Brethren, when the days grow longer and 
the Sun gives more heat, and in Confirmation thereof they have 
sent another small Bundle of Indian drest Deer Skins. 

That the Indians at Tsanandovva have taken care to dispatch Mes 
sengers with the Governor's Message & the Presents, to the others 
of the Six Nations, and to acquaint them to be ready to visit us by the 
time they have appointed. 

Shekallamy then said he had somewhat from AUummapees or Sas- 
soonan to deliver to the governor, which is this : 

That Sassoonan sent by him some strings of Wampum with a 
Message to the Indians at Tsanand(:)\va to acquaint them that he 
could not come to Tsanandowa as he intended, by Reason of his Age 
and Inability to travel, but that as 'twas expected the Six Nations 
would come to Philadelphia, he would wait for them at his own house 
as they passed that Way. 
E. 



Esq'rs. 



At a Council held at Philadelphia, Deer. 11th, 1731. 

PRESENT : 

The Honourable PATRICK GORDON, Esqr., Lt. Governor. 
James Logan, Clement Plumsted, 

Isaac Norris, Samuel Hasell. 

The Governor having proposed to the Boa«-d to Consider of an 
Allowance to be made to Shekallamy for his Journey t>. the Six Na- 
tions, and to Conrad VVeyser for coming hither with him from TuU 
pachockin. It is ORDERED that Ten pounds be given Shekellamy, 
or the Value thereof, in such Goods as he shall seem most desirous 
to have, and forty Shillings to Conrad Weyser, the Interpreter. 
E. 



JANUARY 18th. 

The House of Representatives having mett on the 10th instant 
pursuant to their Adjournment, &; notified the same to the Governor, 
the following verball Message was this day brought by four Mem- 
bers. 

That the Creek commonly called Cobb's Creek, being the Bounds 
or Limits of the Counties of Philadelphia S," Chester, is oftentimes 
very ditficult & dangerous to be crossed ; Wherefore the House re- 
quest the Governor that he would be pleased, with the Concurrence 
of his Council, to give proper Directions for the Building a Bridge 



454 MINUTES OF THE 

over the said Creek, pursuant to an Act of General Assembly of this 
Province in Cases of the like Nature provided. 
The Governor answered : 

That he would advise with his Council and do whatever is in his 
Power to answer the Request of the house. 
E. 



At a Council held at Philadelphia, Janr. I9th, 1731. 

PRESENT : 

The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 

James Logan, Thomas Laurence, > ^ , 

Clenr.ent Plumsted, Samuel Hasell. 3 " 

Two Bills sent up from the House were read, Entituled 

AN ACT for repealing An Act Entituled an Act for continuing 
the Encouragement for raising of good Hemp within this Province. 

AN ACT directing the manner of Payment of Assembly Men's 
Wages : 

The first was agreed to without Amendment & ordered to be re- 
turned but some Debate arising touching the other, the Consideration 
thereof was deferred till to morrow. 

A verbal Message was brought the Governor by two Members of 
the House: 

That in Regard of its Thinness, occasioned by the prevailing Dis- 
temper of the small Pox, and that no Business of great Moment now 
lies before them, they are inclineable with the Governor's Approba- 
tion to adjourn to August next ; But that in Case of any Emergency 
they shall be ready to meet the Governor when he shall see good to 
convene them. 

The Governor answered : 

That considering the present Situation of the House, he would not 
object to their Adjournment. 
E. 



At a Council held at Philadelphia, January 20th, 1731. 
present: 
The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 

James Logan, ~\ 

Clement Plumsted, >Esquires« 
Thomas Laurence, J 



PROVINCIAL COUNCIL. 455 

The Bill directing the manner of Payment of Assembly Men's Wa- 
ges was again had under Consideration, and after some time spent 
thereon, the following Message was drawn up, and being sign'd by 
the Governor was ordered to be carried down to the House with the 
the Bill : 

GENTLEMEN : 

The Bill directing the manner of Payment of Assembly Men's 
Wages which is herewith returned, has been fully considered by me 
in Council. And as the Method thereby proposed deviates so much 
from the Practice which has hitherto been in Use in this Government, 
and as yet obtains in most of those in our Neighbourhood, & Seems 
to be an Innovation in the Constitution, many strong Objections have 
been raised against the Bill. But inasmuch as the Term of its Du- 
ration is but short, and the Fund it is Supposed may be sufficient for 
that time to answer this Service and the other Exigencies of Govern- 
ment, I have agreed to pass the same upon this Special Condition, 
that it shall not be drawn into a Precedent for the future, but at the 
Expiration of the three years limited in the Bill, the Act for raising 
County Levies shall in all its parts effectually take place, according 
to the Amendment herewith proposed, and that this Declaration stand 
on the Minutes of the House. 
E. 



The Same Day, P. M. 

A Message being brought to the Governor by two Members of 
the House, desiring to know when he would be pleased to receive 
them, in order to pass into a Law the Bill for repealing the Act al- 
lowing a Bounty on Hemp, which had been sent down without Amend- 
ment, His Honour named 3 a clock this afternoon for this Purpose. 

And the whole House attending accordingly, their Speaker deliv- 
ered to the Governor an Order on the Trustees of the General Loan 
Office of this Province, for seven hundred and fifty pounds in part of 
the Support for the current Year, and then presenting the Bill last 
mentioned, the same was passed into a Law of this Province & a 
Warrant issued for affixing the Great Seal thereto. 

The Speaker then acquainted the Governor that the Message from 
His Honour had given great Uneasiness to the House as charging 
them with Innovations ; that being unwilling to enter into a Contest 
they had for the present laid aside the Bill, and had directed him to 
desire of his Honour that he would order the said Message not to be 
Entred on the Minutes of Council. 

The Governor answered that as he conceived he had an undoubted 
Right to offer Amendments and make Propositions on any Bill that 
should Come before him, he had done so in the present Case ; that 



456 MINUTES OF THE 

he was sorry the House had thought fitt to take Offence at some 
Words in the Message, but as to ordering the same not to be entered 
in the Council Books he must Consider of it. 

After which he spoke lO the House as follows : 

" Gentlemen : 

" I return you my hearty thanks for what you have now thought 
" fitt to order towards Support of Government. And as your pres- 
*' ent Session, by reason of the Thinness of your House, occasioned by 
" the Distemper still prevailing as J understand in many parts of the 
" Country, is so very short that divers Affairs of Importance to the 
" Publick that would require your Attendance must be deferr'd, I am 
" to put you in mind that there will be an absolute necessity for your 
" Meeting again at some convenient time this year to proceed on 
'• those Affairs, and particularly, I must observe that what I recom- 
" mended to you at your first Meetins, when I laid before you the 
" Advices I had received from the Government of New York, with 
" some other Papers touching the late Attempts and Incroachments 
" of our Neighbours, the French, both on that and this Province, 
" will demand your most serious Application, on which Head I 
" should have said more at this Meeting, but that expecting fuller 
" Accounts of our Intended Treaty with the Five Nations in the 
*' Spring, and other more certain Advices than I have yet received 
" from the Western parts of the Province, I have chosen to defer it 
" till we can be more perfectly informed of those pioceedings. In 
" the mean time I shall not be wanting in my Duty to inform His 
" Sacred Majesty by his Ministry, of the said Attempts, that proper 
" Measures may be taken for the Security of these His Majesty's 
" Dominions." 
E. 



At a Council held at Philadelphia, the 4th May, 1732. 
present: 
The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 

Isaac Norris, Samuel Hasell, 

Samuel Preston, Ralph Asheton. 

Clement Plumsted, 

The Governor having communicated to the Board the Message 
from the House of the 18th of January last, touching the Building 
a Bridge over Cobb's Creek, and having desired the Advice of 
the Council therein. It is the Opinion of the Board that Saml. 
Powell of Philadelphia, & Samuel Levis of Chester County, may 
be proper Persons to undertake that Work ; and they are appointed 



(.Esq'r 



PROVINCIAL COUNCIL. 457 

to fix on the most convenient place for erecting the said Bridge, to 
treat with the Workmen and compute the Cost, and to make Report 
thereof to this Board. 
E. 



At the Courthouse of Philadelphia, May 15th, 1732, 

PRESENT : 

The Honourable the Governor, 
With Severals of the Magistrates. 

Thirteen Palatines, who with their Families, making in all 

Persons, were imported here in the Ship Norris, Thomas Lloyd, 
Mar., from Boston, did this day take & Subscribe the Effect of the 
Oaths of Allegiance, Supremacy & Abjuration; and likewise did 
repeat and Sign the Declaration inserted in the Minute of the 21st 
September, 1727. 

Casper Shirch, Johannes Behn, 

Marting Osiner, Christian Kininger, 

Mathias Weber, Johnnnes Herman, 

Johan Philip Weber, Valentine Westheber, 

Johan Herb Minicher, Johan George Libenstein, 

Johan Michael Sigmund, Michael Anderras. 
Johan Ditrich Yungman, 



At a Council held at Philadelphia, May. 15th, 1732. P. M. 

PRESENT ; 

The Honourable PATRICK GORDON, Esqr., Lt. Governor. 

Isaac Norris, Thomas Laurence, > p , 

Clement Plumsted, Ralph Assheton, 5 

A Report of the Justices appointed to deliver the Goal of the 
County of Lancaster was read in these Words : 

" To the Honourable Patrick Gordon, Esquire, Lieut. Governor 
" of Pennsylvania, dec. 

" Pursuant to His Majesty's Special Commission of Oyer and 
" Terminer & General Goal Delivery for the County of Lancaster, 
*« to us directed, We do humbly certify your Honour, that a Court 
" was held at Lancaster on the third and fourth days of this instant, 
" May, where Margaret Shitts was indicted &; convicted of conceal- 
" ing the Birth and Burial of a Bastard Child, born of her, till i 
^* was afterwards found out ; & Peter Harp was likewise indicted & 



458 MINUTES OF THE 

" convicted of aiding & abetting the said Margaret in the Felony 
'* aforesaid, for which they have received Sentence of Death accord- 
" ing to Law. But it not appearing to us on the Tryal but that the 
" Child might have been born dead, We beg Leave to recommend 
" these uahappy Persons to your Honour's Clemency. 

" We do likewise Certify, your Honour, that James Hendricks, 
" Peter Sware & Christian Nisewanger were indicted, and by their 
" own Confession found guilty of Homicide by Chance medley, and 
" the Law in those Cases entitulicg them to flis Majesty's Pardon, 
" We have directed them to make humble Application to your Hon- 
" our for the same. 

*^a. hamilton, 
" jp:r. langhorne. 

« THO. GR^ME. 

*« Philadia., May 10th, 1732." 

A Petition was afterwards read, Signed by Sixty three Germans, 
humbly recommending to the Governor's Clemency the aforesaid 
Peter Harp and Margaret Shitts, & His Honour desiring to be herein 
advised by his Council, 

The Board are of Opinion, that in the present Case Mercy should 
be shown to these unhappy Persons, Sl it is left to the Governor to> 
direct the properest Manner of doing the same. 
E. 



At a Council held at Philadelphia, June 22d, 1732. 

PKESENT : 

The Honourable PATRICK GORDON, Esqr., Lt. Go'/^rnor. 

James Logan, Thomas Laurence, ? ^ 

Isaac Norris, Samuel Hasell. 5 ^q^i^esw 

Present also, by Order of the Governor : 
Charles Read, Esquire, Sherif of the City & County of Philadia. 

An humble Application having been made to the Court of Quar- 
ter Sessions, lately held for the County of Philadelphia, by the Per- 
sons under Sentence of Death for Pyracy, now lying in the Goal of 
this City, setting forth their miserable Condition, and that they are 
so destitute of all manner of Cloathing that they have not where- 
withal to keep themselves clean, or even to cover their Nakedness, 
& therefore praying that a small Supply of Cloaths may be ordered 
for them, which Application being by the Justices of the said Court, 
thought more proper for the Cognizance of the Governor & Council, 
and the same being now considered. The Board are of Opinion that 
some Cloathing fitt for the Heat of the Weather be provided for them, 



PROVINCIAL COUNCIL. 459 

and that to each there be given a couple of Shirts, a Jackett & 
two pair of Trowsers of Oznabrigs, and 'tis Recommended to the 
Sherif to order the same, and to lay an Account thereof before this 
Board. 
E. 



At a Council held at Philadelphia, Aug. 9th, 1732. 

PRESENT : 

The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 
James Logan, Thomas Laurence. ? p uires 

Clement Pumsted, Samuel Hasell. ^ ^ 

A Bill sent up from the House was read, Entitutled AN ACT di- 
recting the Manner of Payment of Assembly Men's Wages. 

It was observed that at the last meeting of the Assembly, a Bill of the 
like Nature had been sent up, which had been largely spoke to, & a 
Message touching the same had been sent to the House, which re- 
maining on the Minutes of this Board, It is ordered that the Bill be 
returned, with a Verbal Message to this Effect : 

That tho' the Governor, for the Reasons formerly given, still appre- 
hends some Inconveniences from the discharging the Wages of As- 
sembly Men in the Manner proposed by the Bill, yet since it is to 
continue for three years only, and the House appears so very de- 
sirous of it, he is willing they should experience its Success for this 
time. 

The Report of Samuel Powell &; Samuel Levis, in pursuance of 
an Order of this Board of the 4th of May last, was then read in these 
Words : 

" We, the Subscribers, being appointed by the Honble the Gov- 
" ernor in Council, to View the most convenient Place for erecting 
" a Bridge over Cobb's Creek, and to compute the Cost thereof, & 
" Agree with Workmen for building the same : 

" In pursuance of the said Order of Council, we have agreed on 
" a place, (as we Judge,) the most proper for that Purpose, being a 
" little above the King's Road, which must necessarily be shifted, so 
" as to lead across a Corner of Land belonging to Obadiah John- 
" son, on the East Side, & through a field of Edmund Williams', on 
" the West side of the said Creek, in order to make the Road strait 
" to Darbytown, which we pray may be ascertained by Authority, 
" the better to enable us to Compute the Cost and agree with Work- 
" men for the same. All which is humbly submitted to the Judge- 
" ment of the Honble the Governor and Council. 

" SAML. POWELL. 

" SAML. LEVIS, JUNR." 



460 



MINUTES OF THE 



An Imperfect Calculation of the Charge was likewise laid before 
the Board. 

The Consideration of which Report & Calculation was deferred 
till the Conntnissioners for the Counties of Philadelphia & Chester 
should be spoke with on the Subject. 
£. 



At the Courthouse of Philadelphia, Aug. 11th, 1732. 

PRESENT : 

The Honourable the Governor, 

With the Mayor of the City & Other Magistrates. 

A List was Presented of the Names of One Hundred and six 
Palatines, who with their Families, making in all about Two hundred 
and Seventy nine Persons, were imported here in the Ship Samuel, 
of London, Hugh Piercy, Master, from Rotterdam, but last from 
Cowes, as by the Clearance of the Officers of the Customs there. 
The Master having been examined and these Forreigners having 
declared their Intentions of settling in this Province, & living peace- 
ably therein, the Persons whose Names are Subjoined took & sub- 
scribed the Effect of the Oaths of Allegiance, Supremacy, &c., and 
likewise did repeat & Sign the Declaration directed by Order of 
Council of the 21st of Septr., 1727- 



Martin Gerhard, 

John Bendler, 

Johan George Nungeser, 

Nicolas Corber, 

George Philip Windermuth, 

Lorentz Knochel, 

Hans Jacob Breckly, 

Christopher Breckly, 

Mathias Breckly, 

Ulrick Breckly, 

Samuel Brand, 

John Heneberger, 

Michael Dierstein, 

Henrick Ebby, 

Johan Jacob Belerth, 

Gottfrid Staal, 

Hans George Klingman, 

Michael George, 

Jacob Oberholzer, 

Hans Mosiman, 

Peter Wetzstain, 



Johan Adam Anderas, 
Christain Frants, 
Christain Frants, Jun., 
Frederick Keiffer, 
Jacob Crist, 
Samuel Scheer, 
Jacob Fleiser, 
Leonhard Deebler, 
George Deebler, 
Oswald Hosteller, 
George Bender, 
John Lentz, 
John Brechbil, 
Jacob Stauft'er, 
Johan Nicolas Strass*, 
Hans George Goedke. 
Johan Leond. Keffer, 
Mardin Weigall, 
Fredrick Mulchslager, 
Michael Kreider, 
Johannes Miller, 



PROVINCIAL COUNCIL. 



461 



Christian Bendler, 
Henrick Ramsaur, 
Hans Adam Nai^, 
Julius Dehr, 

Johan George Glasbrenner, 
Johan Sebalt Schremer, 
Wendal Brechbeil, 
Johan George Kleinhans, 
Hans Wendell Hoill, 
Wilhelm Bergemer, 
Christian Bury, 
Andreas Muller, 
Andreas Stantzenberger, 
Johannes Ulrick, 
Johan Peter Hailraan, 
Christian Geeman, 
Benedict Geeman, 
Johan Leonhard Zeigler, 
Johan Fredrick Shilz, 
Johan Philip Shitz, 
Peter Baltsbach, 
Jacob Kneehler, 
Martin Biller, 
Johan Jacob Erdman, 
George Lodwig Hornisch, 
Jacob KeifTer, 
Casper Wartman, 
Jorich Klingman, 
Jacob Gutt, 
Ulrich Burckholter, 
Paulus Boger, 
Johan Philip Boger, 
E. 



Hans Carl Balsner, 
Christain Balsner, 
Fridrick AldorfFer, 
Anastasius Uller, 
Johannes Ziger, 
Hans Jerig Steyer, 
Jerig Heyl, 
Peter Stay, 
Wendel Berndheisel, 
Johan Berndheisel, 
Hans Michl. Bumgartner, 
John Bumgartner, 
Jacob Albrich, 
Fredrick Hartman, 
Wendal Gerlach, 
John Helfurt, 
Jacob Weyes, 
Ulrich Fisheir, 
Henrich Berret, 
Peter Shellenburger, 
Jacob Gochnauer, 
Christian Gochnauer, 
Peter Frith, 
Andreas Shetler, 
Hans Jerig Quickie, 
Carl Seyl, 
Wendel Werbel, 
Philip Werbel, 
Augustmus Wendel, 
Peter Schneider, 
Elias Meyer, 
Adam Hillegas. 



At a Council held at Philadia., the same day in ye afternoon. 

PRESENT : 

The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 

James Logan, 
Isaac Norris, 

A Bill sent up from the House was read, Entituled, 
A Supplementary ACT for raising County Rates and Levies ; 
Which being agreed to without Amendment, was ordered to be 
returned to the House. 



Ralph Asheton, 
Samuel Hasell. 



I Esq'rs. 



462 MINUTES OF THE 

The Governor just receiving by Express, a Letter fronn the Hon- 
ourable Thomas Penn, Esquire, one of our Proprietaries, dated this 
afternoon at Chester, where he had landed, communicated the same 
to the Board, who expressing their great Satisfaction with so welcome 
News, the Governor was desired to cause Notice thereof to be given 
to the House now sitting : 

Which being done, 
The Governor directed his Secretary to repair immediately to 
Chester, with his and the Board's Compliments of Congratulation 
to our Proprietary on his safe Arrival, & to acquaint him that to 
morrow morning they would in Person, pay their Respects to him 
at that Place, & wait on him to town. 

E. 



AUGUST 12th. 

The Governor and all the Members of Council who were able 
to travel, accompanied with a very large Number of Gentlemen, 
Setting out this morning for Chester, waited on the Honourable the 
Proprietary and paid him their Compliments. After Dinner the Pro- 
prietary with his Company, now grown very numerous. Sett out for 
Philadelphia, near to which place he was mett by the Mayor, Recor- 
der and Aldermen, with a great Body of People. The Recorder, in 
the Name of the Mayor & Commonalty of the said City, made an 
handsome congratulatory Speech, which the Proprietor answered in 
very obliging Terms, and then proceeding forwards he came to the 
Governor's House in the Evening. 
E. 



At a Council held at Philadelphia, Augt. 15th, 1732. 

PRESENT : 

The Honourable THOMAS PENN, Esqr., Proprietary. 

The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 

Isaac Norris, Ralph Assheton, ? p, , 

Thomas Laurence, Samuel Hasell. 5 

The Speaker with the House of Representatives, waited on the 
Honourable the Proprietary, and presented him the following Ad- 
dress : 

« TO THE HONBLE. THOMAS PENN, Esquire, one of the 
" Proprietors of the Province of Pennsylvania. 



PROVINCIAL COUNCIL. 463 

" THE HUMBLE ADDRESS of the Representatives of the 
" Freemen of the said Province in General Assembly met : 

" May it please our Honourable Proprietor, 

" At the same time that we acknowledge the Goodness of divine 
" Providence in thy Preservation, we do most sincerely congratulate 
" thee upon thy safe Arrival into* the Province of Pennsylvania. 
" Our long and ardent Desires to see one of our Honourable Pro- 
*' prietors amongst us, are now fulfilled, and it is with Pleasure we 
*' can say, thou art Arrived at a Time when the Government is in 
" perfect Tranquility, and that thei-e seems to be no Emulation 
" amongst us, but who shall by a peaceable and dutiful Behaviour, 
" give the best Proof of the Sense they have of the Blessings de- 
" rived to us under our late honourable Proprietor, your Father, 
" whose Goodness to his People deserves ever to be remembred with 
" Gratitude. Be pleased to accept of our best Wishes for thy 
" Health and Prosperity, and give us leave to say, as no Discourage- 
" ments nor any Artifices of ill Men have hitherto been able to deter 
" the good People of Pennsylvania from a firm Adherence to your 
*' Honourable Family, so we shall always, to the utmost of our 
" Power, support & maintain that Government under which we do 
*' with all Gratitude, acknowledge we enjoy so many valuable Privi- 
*' leges. 

" Sign'd by Order of the House. 

" A. HAMILTON, Speaker." 

To which the Proprietor gave the following Answer : 

" I heartily thank the House for their affectionate Address, & as 
" I look upon the Interest of Pennsylvania & that of my Family to 
" be inseparable, you may assure yourselves it shall be my study to 
" pursue those measures which have rendred the Name and Gov- 
" ernment of Father so gratefull to the good People of this Pro- 
" vince." 

The Speaker then presented the two following Bills for the Gover- 
nor's Assent, together with an Order for the remaining part of the 
Support for the current year, which said Bills, vizt : 

AN ACT directing the manner of Payment of Assembly Men's 
Wages. 

A SUPPLEMENTARY ACT to the Act for raising County Rates 
and Levies being passed into Laws of this Province, & a Warrant 
issued for affixing the Great Seal thereto, the Governor expressed 
himself to this Effect : 

That he thanked the House for this fresh Instance of their Care 
of him, and as it could not but give him the greatest Satisfaction to 
reflect on the Unanimity with which the Affairs of the Assembly 
had been transacted, so he flattered himself that each Member would 
in his respective County, use hia utmost Endeavours to perpetuate 



464 



MINUTES OF THE 



the blessings of Peace &; mutual Agreement which are now so visi= 
ble throughout the whole Province. 
E. 



MEM. 

HIS HONOUR the Lieut. Governor, having received last "Fall, 
from the President of His Majesty's Council of New York, Several 
Papers, touching the Encroachments of the French on the Lands 
of that Government, then raising Fortifications in its Neighbourhood, 
and some Practices that had been used to draw off several Nations 
of Indians from the English to the French Interest, A Message ac- 
company'd with a handsome Present was sent to the Six Nations, 
inviting some Chiefs of their several Nations to Philadelphia, to con- 
fer fully on the last of these heads, as is sett forth in the foregoing 
Minutes. And accordingly, several Chiefs arriving here the 18th 
of this instant August, they waited on Our Honourable Proprietor 
& His Honour the Lieut. Governor, & a few days being spent in mu- 
tual Civilities, and giving the Indians time to refresh themselves after 
their long Journey, the Treaty began on^the 23d, and 
E. 

At a Council held at Philadelphia, August 23d, 1732. 

PRESENT : 

The Honourable THOMAS PENN, Esqr. Proprietary. 

The Honourable PATRICK GORDON, Esqr., Lt. Governor. 



James Logan, 
Isaac Norris, 
Samuel Preston, 



Samuel Hasell, 
Thomas Laurence. 



lEsq'rs. 



PRESENT, ALSO 



Chiefs of the Tsanandowas : with 



Tyoninhogarao, 
Hetaquantagechty. 

Tooachtachkout, Sodorarangchese, Totienaro, Owastie, Ananda, 

Taniayuis, Tuwanagra, Tarachkoros & Atondheydhaw, of that 

Nation. 
Tiohogaunda. A Chi^^f of the Cayooges , with Auchsochquaw, 

Skaieyntis, Tchihachquey, Otangsarraka, of that Nation. 

n^^.u^ \ '/-> J Chiefs of the Oneidas; with Tachnich- 

Brother to Carandowana, ! , » . u u . r .u * 

Q , )>torous, & Anunghchrateney, of that 

fewataney, als, , ^^^.^^^ 

Shekallamy. J 



PROVINCIAL COUNCIL. 465 

THE PROPRIETOR, by Conrad VVeyser the Interpreter, spoke 
to the Indians as rollows: 

" My Friends & Brethren : 

" Ii is a great Pleasure to me that after so few days, not more than 
" Six after my Arrival at Philadelphia, from a Voyage of some thou- 
" sands of Miles over the Great Sea, I had the good Fortune to meet 
" my Brethren, the Chiefs of the Five Nations, here. I need not 
" inform you that when my Father, William Penn, was Sent by the 
*' Great King of England to bring over large Numbers of his Peo> 
*' pie to Settle in this Country, he made it his tirst and principal 
" Care to convince all the Indians inhabiting it, that he came with 
" a full Design to be their Friend and Benefactor He was not only 
" just to them, in buying and paying for so much of their Lands as 
" he then wanted, but in all things he treated them wuh Tenderness 
" and Affection, he loved them as his Children, he became their 
" Father. And he entred into the Strictest League of Amity with 
" them, not only between himself and his People and the Indians 
" then living, but to continue between his Children &. th,ir 
" Children and their Posterity to all Generations, 4" for this Purpose 
" he made with them a Chain of Friendship, to be kept strong and 
" bright forever. And when his Affairs in England obliged him to 
*' leave this Country, he gave it strictly in Charge to all his Gov- 
" ernors and People in Power under him, that they sh luld in the 
" same manner treat all the Indians as he had done ; That they 
" should be as Fathers to them, & that all his People should live in 
" perfect Peace and Brotherhood with all the Indians, asifihey 
" were of one Blood and of one Body, without disiinction. 

" I am but young, and having been bred in England could no 
" see those things with my own Eyes, but I Constantly had Accounta 
" in writing of all that was done here, as if I ban bnen myself in 
" the Place, and by reading these over again I now knuw th^m bet- 
" ter than if I had been present, and uere to be informed by Me- 
" mory only, so that I can fully speak to them. 

" Now by these Writings I truly find that my Father's Governors 
" here, have treated the Indians as my Father had Commanded I hem. 
*' I find that our People here constantly lived in a true and perfect 
" Peace, as affectionate Brothers, with the Indians. I find that when 
" about ten years since, two of our Traders in a Scuffle with one 
*' of your People, who was angry and to<<k up his Gun, gave him 
" a Blow of which he died, tho' this was done far back in the 
" Woods, the Governor sent out People to take these two Traders, 
" & they were brought to Philadelphia, putt in Prison and in Irons 
" to be tried for their Lives, till your Chiefs at Albany that vear 
" desired earnestly that they might be sett at Liberty &. be forgiven. 
*' But some years after, when too foolish People had shott two of 
" our Delaware Women Indians & a Boy, the M n that did it were ^ 



466 MINUTES OF THE 

" tried & hang'd for it, in the same manner as if they had killed 
" their own Sisters, of the same Mother. These things I suppose 
" you have been fully informed of, and are Sensible of our Rejoyc- 
" ing in your Good and our Sympathizing with you in your Losses, 
*' of which some Proofs have been given you. 

" And now, since I am here with you my Self, I do assure you 
" that the Friendship & strict Union which my Father began with 
" all our Friends, the Indians, and his Governors after him have 
" cultivated, I shall take Care to improve and strengthen. My 
" Father made a Chain and Covenants for himself and his Children, 
" and 1 his Son, will to the best of my Power make that Chain yet 
*' stronger and brighter on our Parts ; that it may continue so to all 
*' Generations. As a Proof of this, we would now enter into a 
" close Discourse with you on Afiairs that nearly concern your own 
" Peace and Safety ; for as true Brothers that are as one Body, «St 
" have the same Interest, we lay to our hearts whatever may affect 
" and touch you. But this requires Plainness and Freedom ; we 
" should open our Hearts, conceal nothing, but confer together as if 
" we had but one Mind to inform and direct us in all things. It is 
" thus with us in relation to you, and we doubt not but it is the same 
" on your Parts in relation to us ; therefore if you please, we would 
•' desire in the first place to know of you how it is with you. How 
" you stand with your Neighbours, the French, who formerly were 
" your cruel Enemies but are now at Peace with you. How they 
" behave to you ; As also, how all the other Nations of Indians to 
*' the Northward or Westward of ynu, are affected towards you? 
*' And when you have considered by yourselves these Propositions, 
'' we will meet again to morrow and enter further into these matters, 
" and take Counsel together with Open Hearts as true Friends and 
" Brethren, upon all things relating to you. And when we have fin- 
*' ished this Friendly Treaty, we shall have a Present for you to re- 
* ' turn with home, that will confirm all we shall say to you." 

After which HETAQUANTAGECHTY, their Speaker, said : 

That since their Brother ONAS is now come amongst them, & 
that they have the Satisfaction of seeing him & the Governor togeth- 
er, they will speak to them both in the manner that is desired. And 
producing some Strings of Wampum he gave them to the Proprietor, 
and said that these had been sent from this Government by Skekal- 
lamy, with a Message inviting some Chiefs of their Several Nations 
to come to Philadelphia ; that there are now only some Chiefs of 
three of their Nations present, vizt : of the Tsanandowas, Cayoogoes, 
& Oneidas, but that these are fully impowered and authorized to 
treat & speak in behalf of them all. 

That they are very glad to find their Brethren of the same mind 
with them ; they were desirous to speak of these Subjects that have 



PROVINCIAL COUNCIL. 467 

been proposed to them, &, shall be very free & open in their Answers, 
without concealing any thing they know. 

The Council then adjourned, and the Indians after a friendly En- 
tertaiiiment departed. 



lEsq'r 



At a Council held at Philadelphia, Augt. 24th, 1732. 
PRESKNT : 
The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 
James Logan, Clement Plumsted, 

Isaac Norris, Thomas Laurence, 

Samuel Preston, Samuel Hasell. 

The GOVERNOR acquainted the Board that the Indians had de- 
sired further time to consider of their Answer. Whereupon the 
hearing of them was putt otf till to morrow. 

His Honour then said that he had understood some objections had 
been made without Doors, to the manner of treating with these In- 
■dians, as if the same had been carried on in a less publick manner 
than had at some times been practised ; that therefore he was desi- 
rous to know the mind of the Board in this Point. The Considera^ 
tion whereof being entred into, It was observed that heretofore. Trea- 
ties with the Indians had been generally held in the Council Chamber, 
tho' on some very particular Occasions it had been otherwise ; that 
at this Treaty, to hold all our Conferrences in publick which must 
relate to our Neighbours, might frustrate the Intention of it. And 
that 'twas to be apprehended the Indians themselves would decline 
being so free and Open on these and other matters of Importance, if 
they should perceive that Numbers of People without Distinction 
were admitted to hear what passes. These, with several other Rea- 
sons, being debated & considered, the Governor proposed and the 
Board came to the following Resolution. 

That the Indians be sounded on this head by the Interpreter, and 
their Minds known, whether they would chuse a more Publick manner 
of being heard, & that the Method most agreeable to their Sentiments 
be followed. 



At a Council held at Philadelphia, August 25th, 1732, 
present: 
The Honourable THOMAS PEN>^, Esqr. Proprietary. 
The Honourable PATRICK GORDON, Esqr., Lt. Governor. 
James Logan, Clement Plumsted, 

Isaac Norris, Thomas Laurence, ) Esq'rs. 

Samuel Preston, Ralph Assheton. 



468 MINUTES OF THE 

CONRAD WEYSER the Interpreter, who pursuant to the Resolve 
of yesteidciy, was directed to learn the Sentiments of the Indians 
touching the manner of their being heard, now attending, was called 
in, «St said that they had acquainted him it would be more agreeable 
to their Inclinations to treat at the Governor's house in the way they 
had begun, but if they are desired to speak in a more publick man- 
ner ti.ey will not decline it. 

The Indians were then sent for, who being seated, & several Gen- 
tlemen of this City admitted to be present. HETAQUANTAGECH- 
TY the Speaker, first repeating the Substance of what the Proprietor 
had delivered, said : 

That the Discourse which they had heard, being Chiefly intended 
to know of thern how they and the French stand affected towards 
each other, & how the other Nations of Indians around them are 
inclined towards them, they are now ready to satisfy their Brother 
Onas, in these particulars, as far as they know : 

They say thai during the last War, the French frequently cry'd 
out to them for Peace, but that they never sued to the French for 
Peace ; that the Governor of Canada sent many Messages to I hem, 
Earnestly requesting that they might come and treat with him ; 
that at first some of the Canyingoe Nation went to him, & then some 
of two other Nations, but he rei'used to treat with them, till at length 
many of the Tsanandowa's with some of the other Nations went, 
who told the French Governor that tho' they putt no great Trust in 
him or his People, for that they had been frequently deceived by them, 
& that they had Eat their Flesh, yet they, the five Nations, were 
not afraid to putt themselves as it were in the Power of their Enemies, 
by coming to hear what they would propose. 

That they then told the Governor of Canada, that tho' they had 
hung on the Kettle yet they would agree to break it, if certain Arti- 
cles were established between them. 

That the first Article they required of the French was, that they 
should send home such of their Nations as were Prisoners amongst 
them, and that notwithstanding these Prisoners might be inclineable 
to stay, yet that they should be obliged to return to the Natii n to 
which they belonged. To which Proposition the French Governor 
agreed, and gave them a Belt of Wampum in Confirmacon. Upon 
which they told him they were now to plant a Tree that should take 
deep Root <^' extend ils'-lf thro' all their Towns, & those of all the 
Indians in Alliance with them, that having planted the tree they then 
gave it Leaves, that under the Shadow thereof they & the French 
might rest Securely & take Council together, that after thus finishing 
the Tree, they made a deep Hole under it, where they buried their 
Hatehetts. 

'I hat upon each Article the french Governor returned his hearty 
thanks, and added that for the better Security of this Tree, he would 



PROVINCIAL COUNCIL. 4*9 

add a Top to it, that should reach up to the Heavens, that no Wind or 
Storm might shake or hurt it, &, in Confirmation of his Words gave 
them a large Belt of Wampum. 

That .the Governor of Canada then said he would dig a very deep 
Hole, and therein throw his Hatchetts, that the upper parts should be 
covered with firm Earth, but the lower part should be Mudd and 
Water ; that the Water might carry away the Hatchetts so that the 
same might never again be found, or useil by him or them, his or 
their Children or Children's Children, to all Generations ; that when 
the Hole was thus covered up he would build a Town over it, that 
the Place might never be discovered, but that from thenceforth a 
lastins Peace should be established between them. 

Hetaquantagechty then proceeded &, said : 

That several of the Outawaes who live on the great Lake to tire 
Westward had been foolish, but that he had sett them to Rights, and 
convinced them that it is their Interest to trade & deal with the En- 
glish ; that they not only advised but commanded these Indians not 
to deal for the future with the French, whose Goods are too dear, but 
that they should goe to the trading House of Oswegoe, where there 
is great Plenty of all Sorts of Goods, and buy of the English, who 
would sell cheaper than the French. 

That last Fall the French Interpreter, Cahichtodo, came to Ohio 
River (or Allegeney) to build houses there, & t<> supply the Indians 
with Goods, which they no sooner understood than they went out to 
forbid him, telling him that the Lands on Ohio belonged to the Six 
Nations ; that the French had nothing to do with them, and advised 
him to go home ; but he, not regarding their Advice proceeded, upon 
which they sent to the French Governor to complain, but theii Mes- 
sengers were not returned when they came from home. 

That they Know nothing certainly of what passed between Cahich- 
todo and the Shawanese at Ohio. 

Then presenting some Strings of Wampum, 

They said, that since their Brother Onas & their Brother the Gov- 
ernor, had treated and received them so Kindly, & had spoke to them 
in so friendly a manner, they were highly pleased with the same, 
and are very willing & desirous that there may be more frequent 
Opportunities of conferring and discoursing with their Brethren, 
and that these may be managed by the means of Shekallamy and 
Conrad Weyser, the Interpreter, 

That this is all they have to say at present, but as their Brother 
Onas is wiser than them, he may have some Questions to proj)ose, 
to which they are ready to answer very freely &, openly. 

The Proprietor then told them that their Speech was extreamly 
agreeable to him and he took it very Kindly ; that he would now 



470" MINUTES OF THE 

drink a friendly Glass with them, and afterwards would confer witR 
them more closely on several Subjects. 

The Speaker presenting the Proprietor with a fine painted Mantle 
of dresst Otter skins, putt the same over his Shoulders, 



August 26tfi. 

At a private Conference with Tyoninhogarao & the other Chiefs- 
who were preseat, the Proprietor, Governor, & some JMembers of 
Cuuncil : 

They were told we were aaxious for the Welfare of their Nation^ 
and desire to know how the several other Nations around them stand 
affected towards them. And first they were asked how the Twech- 
Iwese (called by the French the Miamis,) & themselves, now stood 
affected to each other ? 

They said they were at War with those I'eople while they were at 
War with the French, but after they had made Peace with the French 
they concluded one also with the Twechtwese ; that they are now 
in the strictest Union with them & are as one People. 

Q. What Numbers of Men may the Twechtwese have? 

A. They have one town, so large that it is four times as long as 
one can see at once, and they have two other large Towns, but they 
know not the Number of their Men j they are a great Nation, and 
have more People than are in all the City of Philadelphia. 

Q. What other Nations are they (the Mingoes) in Friendship with^ 
and what are the Numbers & Strength of such Nations ? 

A. Their Chief Friends and Allies are the Twechtwey-roona, 
consisting as has been said of three Towns, the Altoorrratte-roona 
who have also three Towns ; the Onichkaryago-roona, who have but 
one town, and the Seysaghe-roona, (roona signifies a Nation or Peo- 
ple) who have fourteen good Towns. Divers other Nations have 
also sued to them of kte to come into Alliance with them, 4- they 
should receive them. All these were under the French, & traded 
only with them, but now they had opened their Eyes and they would 
trade only with the English, who used them better ^ sold their Goods 
cheaper. 

Q. The French had buried their Hatchett and told them they 
would build a Town over it. So that it should never be found to be 
dug up again; But do they think they would not find that Hatchett 
again upon any new Quarrell? 

A. The French Priests & others that come amongst them, speak 
nothing but Peace to them ; but last Winter Onontejo, (or the french 
Governor,) sent a Message to the Onondagoes, desiring some of them 



PROVINCIAL COUNCIL. 471 

ftocome and speak with him, & they refused ; upon which he sent 
^another Message with a large Belt of Wampum, threatning them if 
ihev did not come to him. Hereupon the Onondagoes sent five of 
their Teople tD the Governor, asldng him what he wanted with them, 
and why he had threatned them, telling him that such Treatment 
was not agreeable to the Peace and Friendship professed betweea 
them : to which the Governor answered, he had not sent any such 
Message: the Onondagoes then produced the Belt he had sent, <fe 
repeated the Words that were delivered with it ; but the Governor said 
they were foolish People that had delivered these Words, they had 
them not from him. 

They were told in Return to this, that the French last year expect- 
ed to have a War with the English, and probably that Message was 
then sent, but when Affairs in Europe took another Turn, the French 
Governor might then think it proper to tak« back his Words and de- 
ny them. 

They said it might be so. 

Q. But if there should be a War between the English and French, 
would not those four Nations, vizt : the Twechtwey-roona, (fee, joyn 
with the Krench again ? 

A. Those four Nations, they said, had putt their hearts into their 
(the Mingoes) hands, and would now do whatever they ordered or 
idireeted. 

Q. Were not the French angry with chose People, for passing 
them & bringing their Peltry to trade with the English, and did they 
3iot endeavour to hinder them? 

A. The French are angry, and not only endeavour to stop them, 
but threaten them ; & some of those Nations expect the French will 
fall upon them ; but they regard it not ; they find better usage from 
the English, and will have no more dealings with the French. 

They were told that the Shawanese who were Settled to the South- 
ward, being m.ide uneasie by their Neighbours, about Sixty Families 
of them came up to Conestogoe, about thirty five years since, and 
desired leave of the Sasquehannah Indians who were planted there, 
to settle on that River; that those Sasquehannah Indians applied to 
this Government that they might accordingly Settle, Si they would 
become answerable for their good Behaviour. That our late Pro- 
prietor arriving soon after, the Chiefs of the Shawanese & of the 
"Sasquehannahs came to Philadelphia & renewed their Application; 
that the Proprietor agreed to their Settlement, and the Shawanese 
thereupon came under the Protection of this Government; that from 
that time greater Numbers of the same Indians followed them, and 
Settled on Sasquehannah & Delaware ; that as they had joyned them- 
selves to the Sasquehannah Indians who were dependent on the five 
Nations, they thereby fell also under their Protection. That we had 



472 MINUTES OF THE 

held several Treaties with those Shawanese, and from their first 
coming were accounted and treated as our own Indians, but that 
some of their Young-men having between four and five years since, 
committed some Disorders, tho' we had fully made it up with them, 
yet being afraid of the Six Nations, they had rt-moved backwards 
to Ohio, and there had lately putt themselves under the Protection of 
the French, wha had received them as their Children. That we had 
sent a Message to them to return, & to encourage them had laid out 
a large Tract of Land on the West of the Sasquehannah, round the 
principal Town where they had been last Settled, and we desired by 
all means, that they would return thither. 

Tyoninhogarao answered that they never intended to hurt the 
Shawanese ; that as they were con\ing hither they spoke with Ka- 
fcowatchy, aa old Chief of the Shawanese, & told him that he 
should not look to Ohio, but turn bis face to us ; that they had also 
told Sassoonan, the old Chief of the Delaware Indians, that they 
must all come back from Ohio, for they should not Settle there, upon 
which be had sent Messengers to his People at Ohio, requiring them 
to return. 

They were told that as they were the Chiefs of all the Northern; 
Indians in these parts, and the Shawanese had been under their Pro- 
tection, they should oblige them to return. 

They asked if we desired them (the Six Nations) to do it of them- 
selves, or to joyn with us. 

It was answered that we desired they should joyn with us in en- 
gaging them to reairn. Upon which they craved time to consider 
of it amongst themselves, & then the Conference ended. 



At a Council held at Philadelphfa, Aug. 28th, 1752. 

PRESENT : 

The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 

James Logan, Clement Plumsted, "| 

Isaac Norris, Ralph Assheton, i-Esq'rs. 

Samuel Preston, Samuel Hasell. j 

The Minutes of the Treaty, with those taken at the private Con- 
ference, were read. The Governor then proposed to the Board to 
consider of the present proper to be given to the Indians, & some 
Progress being made therein, the fjrther Consideration of the sam«t 
was referr'd till the afternoon. 



PROVINCIAL COUNCIL. 473 

At a Council then held. 

PRESENT : 

The Honourable THOMAS PENN, Esqr., Proprietary. 

The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 

And the same Members of Council as in the forenoon. 

A Message was brought from the Indians bv the Interpreter, that, 
having considered what had been proposed to them at the private 
Conference touching the Shawanese, they were ready to answer 
it, and to enter into further Discourse. Whereupon it was agreed 
to adjourn the Consideration of the Present and to send for the Indi- 
ans, who being come and seated : 

HETAQUANTEGSCHTY repeating what had been proposed to 
them at the Conference, said : 

That they had taken time to consider of their Answer touching 
the Shawanesc, which they would now deliver to their Brother Onas 
and the Governor. 

That they are much indebted to their Brethren for the Goodwill 
and Affection they show, in advising them to strengthen themselves 
by Friendship, with their Neighbours of several Nations ; that they 
look upon this Advice as a Sure Token of Brotherly Love towards 
them. 

Then laying down some Strings of Wampum : 

They desire we will joyn with them in calHng back the Shawan- 
ese, which they conceive we can do by preventing our Indian Tra- 
ders from going to Ohio, for while the Indians are supply'd at that 
placp with such Goods as they want, they will be the more unwillifjg 
to remove. 

That iho' they may be able to prevail with the Shawanese to re- 
turn from Ohio, Yet they will not be s'> capab'e of affecting it. unless 
we call back our Traders (rom thence, and hinder them from fur- 
nishing them with Goods and receiving their Peltry there. It will 
therefore be our own Faults if they do not return. 

That they will order Cahichtodo, the french Agent, to remove from 
Ohio, and doubt not but they shall oblige him to it ; they will men- 
tion our proposal at the great fire or Council, when they return home, 
and are sure they shall accomplish our Desire if we will do what is 
necessary on our part. 

They say that it is now many years since they expected the Ar- 
rival of one of the Sons of the great William Penn : one year they 
were t^ld he was coming and came not : it proved the same a second 
and a third year ; but they were greatly rejoyced to hear on their 
Road hither, that he was certainly come. And it must have hapned, 
say they, by the Providence of the great Ruler of Heaven and Earth, 



474 MINUTES OF THE 

that his coming fell out at a time which gave them so Early an Oppor- 
tunity of seeing him ; they could gladly wish he may ever remain 
amongst them, & desire to know how long he intends to Stay in the 
Country. 

The Proprietor answered, He was much obliged to them for the 
Affection they expressed for him, and joyn'd with them in acknowl- 
edging the Hand of that Good Providence which gave him an Op- 
portunity of seeing his Brethren so soon after his Arrival, and that 
he had no thought of returning. 

Then being invited to draw nearer, ^ enter into nnore familiar 
Discourse, 

They say, that since they and their Brethren are now mett to- 
gether, they would willingly ask some Questions of their Brethren, 
^particularly how the two Great Kings on the other side of the 
Water, viz : the Kingsof England and France stand affected to each 
other ? 

It was answered that they knew those Kings had been at War, 
and a Peace had been concluded between them which had now 'nsted 
about twenty years, &; for what we yet know, they are in Friendship 
with Each other. Great Kings sometimes fall out ; they may do so 
again, but as yet we Know nothing of it. 

They reply'd, that they are extremly glad to hear that the two 
Great Kings are at Peace with Each other ; they have frequently 
wondered why so much bad News should come from Canada, that 
has often made them very uneasie. 

Being called on to draw round the Table, and again invited to a 
more free ^^ familiar Conversation, 

Their Speaker, by the direction of Tyoninhogarao, said. That 
Onontejo (the Name they give to the Governors of Canada) had sent 
to speak with their Chiefs, and told them he should have a War with 
Corlaer, (their Name for the Governors of New York,) and that he 
desired them to sitt still and look on, that they should see he was 
the better Man, Sf would beat Corlaer i^^ his People ; that he de- 
sired his Children the Six Nations, should not concern themselves in 
it, for why should their Blood be shed in his Quarrell with the En- 
glish, 

The French and English were all from Europe, of the same Kind 
of Flesh and Blood, & the Indians should leave them to fight it out 
among themselves ; these Nations should see he could himself beat 
all his Enemies. To which they said their Chiefs had answered to 
this Purpose : Onontejo you are very proud; in your last War with 
the English you cried out for Peace, and you had it, but now you 
are grown proud ; you are not wise to make War with Corlear, & 
to propose such things to us. Corlear is our Brother. He came to 
us when he was but very little, and a Child, we suckled him at our 
Breasts; we have nursed him & taken Care of him till he is grown 



PROVINCIAL COUNCIL. 475 

up to be a Man ; he is our Brother & of the same Blood. He and 
We have but one Ear to hear with, One Eye to see with and one 
Mouth to speak with. We will not (orsake him, nor see any Man 
make War with him without assisting: we shall joyn him, and if 
we fiiiht with you, we may have our Father Onontejo to bury in the 
Grotind ; we would not have you force us to this, but be wise 8f live 
in Peace. 

Being asked when 4' where this Discourse passed, they said about 
five years since, at Tiochteage, (their Name for Montreal.) That 
Onontejo had three several times before, proposed to them to joyn with 
him against the English, but they would not hear it. That at last he 
had proposed to them to stand Neuters, as has been mentioned, which 
they having also refused, he had never spoke to them since. 

They were told that it was true the French were very proud, but 
they had been soundly beaten last War in Europe ; the Gover- 
nor who is now present, had been himself engaged in many great 
Battells against them ; that in one Battle where he was, the French 
lost forty thousand Men, either Killed or taken Prisoners ; they lost 
many great Towns, and whole Countries were taken from them ; 
yet now, as they are ever proud, they want to be Masters, and be- 
cause they know the Six Nations are the bravest Indians in all these 
parts of the World, they would first separate them from their Breth- 
ren, the English and Dutch, who have at all times been true Friends 
to the Indians ,• have supply'd them with Powder, Lead, Guns, 
Cloathing, and all Necessaries, when the French on the other hand, 
made War on them, and endeavoured to destroy them ; their old Men 
know this, &; know hat the French would not have left one of their 
People alive upon the face of the Earth, if they had been strong 
enough to Master them; but they were not able; they were obliged to 
cry out for Peace. And now they would deceive them, but they 
well know they are old Enemies, & the English are their constant 
Friends. 

They said our Words were true and good, they would communicate 
them to their other Chiefs, and after some more Discourse to the 
same Purpose, they retired. 



August 29th. 

The Indians, by their Interpreter, having signified their Desire 
of knowing the Sentiments of the Proprietor and Governor on what 
had been offered in answer to the Proposition about recalling theShaw- 
anese, that being likewise inclined to send a Message on this head to 
that Nation, they desired a Belt of Wampum might be given them 
to send with it, and that they would be pleased to have an Answer 



476 MINUTES OF THE 

to their Proposition about Employing Shekallamy and Conrad Wey- 
ser in all Messages between them, the Six Nations, and this Govern- 
ment. 

Whereupon the Honourable the Proprietor and the Governor, 
and some Members of Council being mett, the Indians were sent for, 
who being come, &, seated, the Proprietor spoke to them as fol- 
lows : 

"My Brethren : 

" We have considered your Answer accompanyed by some Strings 
*' of Wampum, to our Proposition of recalling the Shawanese. We 
•' are much obliged to you for the Readiness you show to joyn with 
" us in this matter, and we are desirous to have the same putt in 
" Execution as soon as may be ; but we doubt that both you and 
*' we will be obliged to consider that the Indians settled there have 
" their Corn growing, &. it may be very inconvenient to order their 
'' Removal to a place where they will have no Bread, 4* indeed it 
" would be cruel. As several Traders likewise, have considerable 
*' parcels of Goods lodged at Ohio, it will be a hardship to oblige 
" them to remove now when the Winter is coming on. Therefore 
*' we would propose, that till next Spring we should delay calling 
*' back our Traders, & likewise that the Indians, for the aforemen- 
" tioned Reasons, be suffered to continue there till that lime and no 
" longer. And to confirm these Words, we give one Stroud Match- 
** coat. 

" As to what you said about employing Shekallamy & Conrad 
" Weyser, on which you gave the first strings of VVampum, We 
" are very glad you agree with us in the Choice of so good Men to 
*' go between us. We believe them to be very honest, and will with 
" Chearfulness employ them, and to confirm this we give another 
" Stroud Matchcoat. 

" Since you think fitt to desire some Token from us to accompany 
'• your intended message to the Shawanese, We now give you a large 
" Belt of Wampum to be delivered to them, together with the Words 
*' that have been spoken, that concern that Nation." 

The Belt being accordingly delivered, ^ the Indians having ex- 
pressed their Satisfaction with what had been now said unto them, 
withdrew. 



At a Council held at Philadia., Augt. 30th, 1732. 

PRESENT : 

The Honourable THOMAS PENN, Rsqr., Proprietary. 
The Honourable PATRICK GORDON, Esqr., Lt. Governor. 
James Logan, Thomas Laurence, ? p ? 

Isaac Norris, Samuel Hasell. 5 ^ 

Samuel Preston, 



PROVINCIAL COUNCIL. 477 

A Draught of a concluding Speech to the Indians being laid before 
the Board, was read, and with some small Amendments approved. 

The Consideration of the Present to the Indians was resumed, & 
after some time Spent thereon, a List of Goods proper to be given 
them was drawn up, and delivered to Mr. Preston, the Provincial 
Treasurer, to whom it was recommended to provide them with all 
Dispatch, so that they may be gott ready by to morrow afternoon. 

It was then considered what might be proper to be given Shekalla- 
my, for his Trouble in the two Journeys he had performed at the 
Desire of this Government, with Messages to the Six Nations. And 
likewise, the Reward to Conrad Weyser, who had accompanied the 
Indians hither from Tulpahockin, had been very carefull of them, 
and was extremly Serviceable on this present Treaty. And it being 
observed that these Men were not only very acceptable to the Indi- 
ans, as appeared by their late recommendation of them, but likewise 
seemed to be persons of Truth 4* Honesty, on which Account it 
would be necessary to give them all due Encouragement. 

It is resolved that the Sum of Eight pounds be paid to Shekalla- 
my, &, Twelve pounds to Conrad Weyser, together with the Charges 
he may have necessarily expended for the Indians in their Journey 
hither. 



At a Council held at Philadelphia, in the Great Meeting house, 
August 31st, 1T32. 

PRKSENT : 

The Honourable THOMAS PENN, Esqr., Proprietary. 

The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 

With the Members of Council, 

&, 
A very great Audience, that crowded the House and all its Galla- 
ries. 

PRESENT ALSO : 

The Chiefs of the Indians, with all their People who accompanied 
them in their Journe'\ 

THE PROPRIETOR was pleased to direct the Minutes of the 
23d, 24th & 25th, to be publickly read, which was done according- 
ly. The Clerk of the Council, by his Order, then informed the Au- 
dience that several Conferences had been held with the Indians, on 
Matters of Great Importance, but that the Result & Substance of the 
whole is comprised in the following Articles, by which the present 
Treaty is to be concluded. And the same being first read and after- 
wards distinctly interpreted to the Indians, is as follows ; 



478 MINUTES OF THE 

" Brethren : 

" Our Intention in desiring this Visit from the Six Nations, was to 
•♦ advise with you on such matters as will contribute to your own 
" Welfare and Security, as well as to the Public Peace of this and 
** of all these Northern Colonies in general. We heartily thank 
" you for accepting of our Invitation, in so kindly visiting us, taking 
" this long Journey to see us, & being so Cree and open on the Seve- 
*' ral heads we have Spoke to. And now to close the whole Treaty, 
" we shall recapitulate in Public, the Articles on which we have 
" agreed. 

" In answer to our Proposition, that you should bring over as 
•' many Nations of Indians as you can into your Interest, and make 
*' firm Leagues with them, you have told us that you have already 
" made such Leagues with the Nations of the Otawese, the Twetch- 
" twese, Altamootes, Onachkaryagce & Sessagychese, who have 
" heretofore depended wholly on the French. We are highly pleas- 
" ed with what you have done herein, <^ we advise you by all means 
" & by all Opportunities, further to brighten and strengthen these 
" valuable Chains, and not only with these Nations, but with all 
" other Nations that you can possibly gain over to you, whether 
*' they live nearer to you or at a greater Distance. These People 
" will find it greatly for their own Interest, as it will also be for 
" your Interest, for by these means you will make yourselves much 
'♦ greater and Stronger. 

" We have desired particularly that you would take the Shawan- 
" ese into your Protection, make a firm League of Friendship with 
" them, and engage them to be as one People with yourselves ; that 
" they may be usefull to and assist you, on all Occasions. AntI the 
*' better to secure them from others that you would joyn with us, as 
'• has been proposed, in removing them and all our Delaware Indi- 
" ans from Ohio, and bringing them back to their former Habita- 
•' tions, in which you have promised to take proper Measures on your 
" parts. 

" That you should make all the Nations of Indians who joyn with 
" you, sensible, that when they enter into a League of Friendship 
" with the Six Nations, they at the same time enter into Friendship 
" with all the Subjects of the Great King of England that are on 
" this Side of the great Water, & that thereby they become as one 
" People. 

" Our Advice further is, that you would avoid all needless Wars 
•* with other distant Indians, by whom you may loose your own 
«' People, ^ perhaps gain but little. 

" That you should commitl nothing that may justly provoke the 
" French, yet that you strictly maintain your own Rights ; that you 
" keep your own People as much as possible united amongst your- 
*' selves, all of one Heart and one Mind, without Division, that 



PROVINCIAL COUNCIL. 479 

" you may all draw together as in one Chain. That you should 
" use your utmost Endeavours to bring home all such of your Peo- 
" pie as live among ihe French ; that so you may all be joyned & 
" boimd together as one very great Man, with one Heart and one 
" Head, for so you will becoine much the Stronger. 

" That as the Six Nations are in the strictest League with the 
♦' great King of England, which they generally once every year re- 
" new with the Governor of New York, who has it immediately in 
" Command from the King to take Care of them, they should forbid 
" all their Warriors, who are often too unruly, to come amongst or 
" near the English Settlements, &, especially that they never on any 
" Account rob, hurt or molest, any English Subjects whatsoever, 
" either to the Southward or elsewhere. 

" That particularly, they bring not away nor harbour any Negroes; 
" for those Negroes are the Support & Livelihood of their Masters, 
" and gett them their Bread. That if any Negroes should run away 
*' from their Masters, and the Warriours or Hunters should find any 
" of them in the Woods, they should take them up, and delivering 
" them to the Sherif of some. County in the nearest English Govern- 
'* ment, when their Masters come for them they shall be paid what- 
" ever can be received from their Masters, for the Indian's Service 
" and Trouble. And that those Warriours have it in Charge not to 
" disturb or hurt any of our People as they iiave too often done, by 
" Killing their Cattle, by which means some poor People have been 
»' almost ruined. 

" And in Conclusion, as we have heretofore had several Treaties 
" of Friendship with the Six Nations, &. you have always found us 
*' steady & constant to you in all we have professed, &; we have now 
" upon the Arrival of the Son of their great Friend, William Penn, 
" who first began the Settlement of this Province, a fuller Opportu- 
" nily than Ever, of freely opening our Hearts to each other. His 
" Son, [who has just on his Arrival so happily mett you here,) with 
" the Lieutenant Governor and Council, for all the People of this 
*' Province, not only renew & confirm all former Treaties, but enter 
" into the most strict <^ closest League of Friendship, Love & Union 
" with all the Six Nations at first named, desiring that the same 
•* Friendship may be extended to all the other Nations with whom 
" yitu are or shall be in Alliance, of which these Heads that we are 
" now to mention are the Chief, &ever to be Kept in Remembrance : 

" 1st. We shall consider the Six Nations as ourselves, and you 
" shall consider all our Inhabitants as your own People. 

" 2d. You shall not believe any false or idle Rumours concerning 
" you, but each shall Enquire of the other into the Truth of what 
" they hear. 

" 3d. If you know or learn any thing that may hurt us, you shall 



480 MINUTES OF THE 

" carefully inform us of it, and if we hear any thing that nnay hurt 
" you, we shall in like manner acquaint you. 

»• 4Ui. If any evil minded Person amongst us should hurt any of 
♦' your People, they shall be punished as il" they had done it to ati 
*' English Subject, in which you have known some Instances of our 
" Care, and if any of your People hurt any of ours, we shall expect 
" the like Justice. 

" 5th. We will constantly keep a Fire for you here at Philadel- 
" phia, that when any of the Chiefs of your Nations come hither, we 
*' may sitt down together round it, and advise and consult of such 
♦' Affairs as may be for the general Interest of both you and us. 
" On this Article was delivered a Belt of Wampum. 
" 6th. And we now desire, there may be an open Road between 
" Philadelphia and the Towns of the Six Nations, which we will on 
"our parts, clear from every Grub, Slump & Log, that it niciy be 
" straight, smooth 4* free for us and you. We shall receive all your 
*' People and your Allies who come by that Road, as our Friends & 
" Brethren. And as you desire us, Conrad Weyser and Shekalla- 
" my shall travel that Road between Us and you, who will speak our 
" Minds ^ your Minds to each other truly & freely. 

" On this Article was delivered another Belt of Wampum. 
" 7lh. This League and Chain of Friendship & Brotherhood, we 
" now make with all the Six Nations, vizt : the Tsanandowans, On- 
" andagoes, Ganyingoes, Cayoogoes, Oneidas &. Tuscarores, ibr us 
" and all our People, and for our Children and Children's Children, 
*' with you for all your Nations, and for your Childien 4* Children's 
" Children to all Generations, to continue so long as the Heavens, 
" Sun, Moon, Stars & the Earth shall Endure. And we desire that 
•' the same may at your return be ratified & confirmed at your great 
" Fire by all your People, and be kept in perpetual Remembrance, 
«• and that all our Indians <V all the Nations of Indians in Alliance 
" with you, may be comprehended within the same. 

" And for the Confirmation hereof, we now make you this Pres- 
*' ent : 

THEN were delivered the Goods which, by order of the Board 
were provided by the Treasurer, vizt : ., 

Five whole Pieces & ten Stroud Matchcoats, 

One whole Piece & ten DufTells, 

Two whole pieces of Blanketting, 

Three hundred pounds of Powder, 

Five hundred wt. BuUetts, 

Ten Guns, 

Three hundred Flints, 

Three dozen of Shirts, 



PROMNCIAL COUNCIL. 481 

Six Coats, 

Twelve pair of Shoes & Buckles, 

Twelve pair of Stockings, 

Ten Kettles, 

Ten dozen of Knives, 

Five dozen of Scissars, 

Five dozen of Tobacco tongs, 

Two dozen &i, one half dozen of Combs, 

Three pounds of Vermillion. 

One bundled pounds of Tobacco & one Groce of Pipes. 
THE PROPRIETOR was pleased to add to the Present, Six fine 
jappaned & gilt Guns, which he brought over with him, to be deliv- 
ered one to the Chief of Each of the Six Nations. 

The Indians, on receiving the Belts of Wampum & the Present, 
expressed their Thankfullness by a harmonious Sound [leculiar to 
Ihem, in which ihoseof each Nation now present joyned alternately, 
& they repeated the same with great Seeming Satisfaction ; on re- 
ceiving the Proprietor's Present of the fine Guns, with which they 
appeared highly pleased ; And returning their thanks to their Broth- 
er ONAS, the Governor, & Gentlemen of the Council, for the gen- 
erous Present made to them, desired time to give an Answer to what 
had been said. 

They then withdrew &i the Council adjourned. 



September 2d. 
Notice being given to the Proprietor and Governor, that the In- 
dians were ready to meet them, a Council was called & held. 
At Philadelphia in the great Meeting house, the same day. 

PRESENT : 

The Honourable THOMAS PENN, Esqr., Proprietary. 
The Honourable PATRICK GORDON, Esqr., Lt. Governor. 
With the Members of Council, 
And a very large Audience. 

The Indians being come and Seated, and John Wray being called 
upon 10 assist Conrad Weyser, Hetaquantagechty, the Speaker, ad- 
dressing himself to Onas, the Proprietor, the:; to the Governor, & 
repeating what had been last delivered to them, said they were now 
come to give their Answer, which by the Interpreters was thus ren- 
dred. 



482 MINUTES OF THE 

Brethren : 

We take your Speech very kindly in every part; we are glad to 
find you wilhng to renew and strengthen the valuable Chain whereby 
we hold one another by the hand, and we return you many thanks 
for so good an Undertaking. 

We also take it no less kindly, that you so heartily offer to keep a 
Fire for us to sitt down by & lake Council together. We thank you, 
if cheerfully accept of your friendly Offer. We take in very good 
pan your Intention to clear the Road from this Town to the Six Na- 
tions, which will contribute a great deal to preserve the Friendship 
and good understanding that is between you and us. We thank you 
likewise for this Favour, &, we will always have our Eyes fixed 
upon the Road, that no man may stop it up or incumber it. 

Amongst the many good Articles which you have proposed to us, 
it is a very necessary one that on both Sides we punish evil minded 
Persons, which we would gladly confirm, but it is very hard for us 
to govern all our young men ; yet we shall carry it to our great Fire 
& consider it. 

Then presenting a small Bundle of drest Skins, he prodeeded and 
said : 

These are the chief Articles which were last spoke to us, and are 
truly worthy to be carried to our great Fire, which keeps constantly 
buining all along at Onondagoe. Lett your hearts Brethren, be 
easy, & be assured that to all you have proposed or desired of us, 
you will have such an Answer as will be to your good liking. 

We take all and every A''ticle of what you have said very well, 
therefore we will have them all Signed & confirmed at our great Fire. 
Yet it may so happen that the Summer will be far spent before we 
bring a full Answer from our great Council; we will take a conve- 
nient time to do it, & as soon as may be. 

The Proprietor & Governor thanked them for their kind Speech, 
&; told them that they were well pleased with it. 

The Speaker added, that having now ended all they have to say, 
& being about to depart in two days, they must request to be helped 
on their Journy homewards with Horses, from Tulpahockin to Mech- 
ayomy, & on this he presented a Beaver Coat. 

They were answered that they should want no Assistance in our 
Power to give them, and that what they now desired should be order- 
ed before their Departure. 

Then again thanking the Proprietor 4* Governor for their great 
Kindness, and the large Present they had received, those of each 
Nati'in joyned alternately in the same harmonious Sound they used 
at the former Meeting. 

Directions being given for their Entertainment while they remained 



PROVINCIAL COUNCIL. 



48S 



in Town, & for providing some necessaries for their Journey, the In* 
dian'i taidng the Proprietor, Governor,.^ Members of Council by the 
hand, departed, & thus the Treaty ended. 
E. 



At the Courthouse of Phiiadia., Septr. 11th, 1732. 

PRESENT : 

The Honourable the Governor. 

The Mayor & Recorder of the City, &c. 

A List was presented of the Names of Seventy Palatines, who 
-with tlieir families, making in all One hundred & Sixty eight Persons, 
were imported here in the Ship Pennsylva. Merchant, John Stedman, 
Mr., from Rotterdam, but last from Plymouth, as by Clearance 
thence. 

The Master having been examined, & these forreigners declaring 
their Intentions to settle and live peaceably in this Province, the Per- 
sons whose Names are subjoyned, took & subscribed the Eifect of 
the O iths to the Governmt., ^ the Declaration prescribed by Order of 
Council Sepr. 2 1st, 1727. 

Jacob Hans, 

Hans Michl. Moog, 

Vandal Fifar, 

Joan Nicolas Miller, 

Johan Peler Strack, 

Benedict Eiselman, 

Michael Wiimar, 

Geo Mich. Sweynhart, 

Hans Mich. Crumurin, 



Jasper Casparing, 
Maithias Zollicoffer, 
Jacob Gis, 
Conraad Frick, 
Michael Reyn, 
Hendrick Christian, 
Johnn J.icob Buss, 
Michael Noall, 
Johan Seleberger, 
Philip Frank. 
Michael Jerle, 
Leoiihard Jerle, 
Hans Geo. Graaf, 
Geo. Michl. Holsteiner, 
Hans Jerig Smit, 
Jacol) liod, 
Hans Jorg Cunfz, 
Christopher Stedler, 
Johan Georg. Couger, 
Simon Carlz. 
Matthias Hayser, 
Adam Lower, 
Hartman Lower, 
Simon Peter Holsteiner, 



Philip Cavel. 
Cornelius Kereim, 
Hans Rootclie, 
Wolf Copenhaver, 
Michael Copenhaver, 
Johannes Weaver, 
Matthias Menigen, 
Conraad Honig, 
Johan George Ein, 
Daniel Millar, 
Johannes Hoorle, 
Christian Steinback, 
Ulrick Cranklook, 
Paulus Linsenbegler, 
Hans Jacob Meyer, 
38 



4g€ 



MINUTES OF THE 



Paulus Reyter 
Hendrick Reyter, 
Johan George Bootz, 
Wilhelm Chriesinerg, 
Geoi g Mentz, 
Hichael Slinager, 
Dietrich Ganfl", 
Bernhart Wolflinger, 
Bastian Wagener, 
Johannes Pause, 
Jerich Palk Graaf^ 

E. 



Jacob Shaad, 
Michael Caup, 
Georg Fredrick Cappv 
Gabriel Konigh, 
Hans Leond. Conraarfj^ 
Carl Olignar, 
Wendel Weinheinner, 
Adam Zeyler, 
Hans Jorig Mindhard^ 
Matthias Shaup, 
Fredrick Erm. 



At the Courthouse aforesaid, Sepr. 19th, 1732, 

PRESENT : 

The Honourable the Governor. 
The Mayor & other Magistrates. 

One hundred 4' twelve Palatines, who with their Famihes, ma- 
king in all Three hundred & thirty Persons, were imported in the 
Ship Johnson, of London, David Crockat, Mr., from Rotterdam, but 
last from Deal, as by Clearance thence, were in like manner quali- 
fied, whose Names are subjoyned. 



Hans Stimman, 
Johan George Stimman, 
Laurens Hartman, 
Johannes Erwig, 
Paulus VVegorlin, 
Hans Jacob MuUer, 
Johan Georg Muller, 
Valentine Beyer, 
Henrick Sain, 
Conradt Behen, 
Jacob MuUer, 
Jobs. Michl. Lochtner, 
Hans Francis Yegener, 
Thomas Matte rn, 
Andreas Overbeck, 
Hans Jacob Kraus, 
Jacob Rousch, 
Hans Valent. Renner, 
Daniel Schuhl, 
Johan Martin Shilling, 
Isai Cusehuah, 



Johannes Messinger, 
Bernhard Pifer, 
Mathias Brounwart, 
Johan Jacob Rohr, 
Christo. Ernhardty 
Conrad BoUon, 
Andreas Lohr, 
Lorentz Webern, 
Tobias Hogle, 
Johan Jacob Kuntz, 
Christopher Rise, 
Fredrick Rise, 
Job. Wilhelm Kollitt, 
Adam Hiber, 
Andreas Hemler, 
Johan Conrad Scheymer 
Hans Martin Bulinger, 
Johan Martin Bulinger, 
Hans Philip Timmerman, 
Johan Michael Dietur^ 
Johannes Dietur, 



PROVINCIAL COUNCIL. 



485 



Nicolas Ewick, 
'Paulus Wynhamer, 
Johannes Basti;in, 
Lorentz Bastian, 
Johannes Bastian, 
Johannes Bowman, 
Lodwig Friedler, 
Anthorn Gilbert, 
Johan Balzar Bott, 
Johan Philip Yerigh, 
Valentine Wild, 
Nicolaus Wild, 
Fredrick Muller, 
Thomas Souder, 
Hans Adam Werner, 
Johan Valtiii Umstadt, 
Johannes Soffrenz, 
Bartholomius Mortz, 
Lorentz Kuntz, 
Ludwig Lehman, 
Johannes Jorig Paltz, 
Nicolaus Eveland, 
Johan Martin Bower, 
Johannes Everraan, 
Johannes Albrecht, 
Hans Erick Young, 
Conraad Sadler, 
Johan Adam Leberger, 
Christopher Englandt, 
Johan Christo. Beyer, 
Leonhardt iVlomma, 
Henrick Ostwald, 
Leohhard Weyer, 
Johannes Smitz, 
E. 



Laurenz Bader, 

Rudolph Bonner, 

Henrick Appell, 

Johan Fredr. Bomgartner<j 

Johan Henrick Mull, 

Pieter Darbeer, 

Pieter Gabell, 

Pieter Schuyler, 

Philip Shmid, 

Johannes Pieter Shmitt, 

Johan Jacob Neithelzer, 

Conrootz Schywer, 

Hans George Frey, 

Johan Jacob Frey, 

Gerhard Michel, Scholmeyer, 

Johan Scholmeyer, 

Johannes Fray, 

Johannes Hanawer, 

Jobs. Henrich Masser Sclimids, 

Hans Mertin Keplinger, 

Thomas Kreyl, 

Hans Wilhelm Brand, 

Christian Schneider, 

Conrad Schneider, 

Johan Leond. Hermer, 

Johan Pieter Keinter 

Johan Frantz Rouss, 

Johan Paulus Lederer, 

Fredrick Meyer, 

Johan George Gump, 

Johan George Samin, 

Johan Adam Kryl, 

Johannes Kryl, 

Jobs. Geo. Obercogler* 



At the Courthouse aforesaid, Sepr. 21st, 1732. 

PRESENT : 

The Honble the Govr. , with the Mayor & other Magistrates. 

Seventy two Palatines, who with their families, making in all One 
hundred eighty eight Persons, were imported in the Pink Plaisance, 
John Paret, Mr, from Rotterdam, but last from Cowes, as by Clear- 
ance thence, were in like inanner qualified, & their Names are as 
follows : 



4m 



MLVUTES OF THE ; 



Jobs. Philip Muller, 
Johannes Muller, 
George Baast,- 
Johaflnes Klein, 
Conrad Schartz, 
Daniel Siauffer 
Melclier Feeler, 
Bastain Rudi, 
Christian Huter, 
Hans Zimmerman^ 
Samuel Meyer, 
Martin Meyer, 
Jacob Scheerer, 
Paulus Hertsell, 
Han- Georg. Wagener, 
Hans Huber, 
George Fieter Kunst, 
Christian Mertin, 
Jacob Besaker, 
Felix Fifler, 
Rudolph Richart, 
Matthias Muller, 
Johan Jacob Koog, 
Johannes Hunsiner, 
Johan Frantz Fuchs, 
Tobias Bechtluff, 
Johannes Velker, 
Carl Wagner, 
Baltzar Schonberger, 
Jacob Kutz, 
Stephen Lang, 
Christian Strohm, 
Rudolph Christian,^ 
Peter Bricker, 
Hans Stamfley, 
Ulrick Steily, 

E. 



Hans Lichtein, 
Hans Jacob Keyser,. 
Paulus Keyser, 
Hans Danler, 
Matthias Kiamer, 
Nicolaus Zinnmermanr 
Ulrick Zimmerman, 
Samue: Harndits, 
Jacob Bloom, 
Hans Sherner, 
Andreas Filinger, 
Jacob Schweitzer, 
Christo. Albrecht Lang^ 
Johan Wilhelm Staup, 
Ju rig Bern hardts Mahn, 
Frantz Steedel, 
Johan Philip Kisner, 
Johan Adam Zimmermanv 
Hans Ulrich Boucher, 
Hen rick Hartzell, 
Nicolaus Honi, 
Andreas Wool!', 
Nicolaus Kern, 
Hans Melchior Werfle, 
Jacob Stoufar, 
Johan Landis, 
H:<ns Gesell, 
Hans Ulrich Wagener, 
Henrich Stertzell, 
Hnns Leond. Hartselly 
Elias VVagener, 
PhMip Oit, 
Andreas Kramer, 
Johan Wolk Bartlett., 
Ulrich Ressar, 
Michael Sicherner. 



'^'ff 



At the Courthouse aforesaid, Sepr, 23d, 1732, 

PRESENT : 

The Honble the Governor, with Sundry Magistrates. 

Fifty seven Palatines, who with their Families, making in all One 
hundred &. forty five Persons, were imported here in the Ship Ad- 
venture, Robert Curson, Mr., from Rotterd-im, but last from Cowes, 



PROVINCIAL COUNCIL. 



487 



as by Clearance thence, were in like manner qualified, and their 
Names are as follows ; 



Hans Michael Muller, 
Michael Brand, 
Michael Gross, 
Johan George Briner^ 
Friedrick Dintelsbeck, 
Hans George Abel, 
Hans Martin Ronger, 
Hans Paulus Sontsinget, 
David Holsteller, 
Johannes Artz, 
Jorig Moser, 
Baltzar Stuver, 
Andreas Killiven, 
Hieronimus Glanlz, 
Andreas H(irn, 
Matthias Walter, 
David Fischer, 
Michael Moser, 
Simon Meyer, 
Lorentz Swiner, 
Oeorge On rich, 
Conratz Lang, 
Michel Putz, 
Baltzar Bortener, 
Hans Leonhard Kneide^ 
Johannes Haberling, 
Johannes Sholtz, 
Johannes Wingleplech, 
'Hen rick Steger, 
E. 



Matthias Richall, 
Henricus Lipps, 
Hans Jacob Ijauder, 
Daniel Colmere, 
Matthias Wagener, 
Hans Ulrich Hoi, 
Bernhard Scheertel, 
Michel Koch, 
Simon Gallinger, 
Johannes Becker, 
Paul Lecene, 
Jean Lecene, 
Andreas Weys, 
Jurg Zigell, 
Valentine Schyp, 
Nicol. Bogart, 
Johannes Grairteus, 
Conrad Clever, 
Nicholaus Bartel, 
Tobias Moser, 
Andreas Kap, 
Leonhard Moser, 
Paulus Moser, 
Hans Jorig Lichtner, 
Hans Melchior Steecher, 
Hans Michal Haag, 
Georg. Michal Meek, 
Hans Peter Stegger- 



At the Courthouse aforesaid, Sepr. 25th, 1732. 

present: 
The Honourable the Governor, with some of the Magistracy. 

One hundred and fifteen Palatines, who with their Families, ma- 

king in all • — Persons, were imported here in the Ship Loyal 

Judith, of London, Robert Turpin, Master, from Rotterdam but last 
from Cowes, as by Clearance thence, were in like manner qualified , 
"whose Names are as follows.: 



488 



MINUTES OF THE 



Johannes Christian Schultz, 

Andreas Sherar, 

Johan Adam Sherar, 

Johan Michal Ebort, 

Jacob Stuli, 

Johan Adam Abel^ 

Johan Jacob Abel, 

Matlhes Barrestein, 

Rudolph Brown, 

Matthes Schmidt, 

Henrick Pabst, 

Johan Georg. Schmidt, 

Hans Philip Ranseler, 

Jacob Randsailer, 

Hans Peter Sihaver,- 

Christian Rape, 

Pieter Krifter, 

Jacob Muller, 

Henrick Goball, 

Johannes Otterbacb., 

Jurig Burghart, 

Hans George Noll, 

Peter Rauch, 

Friedrick Kihler, 

Hans George VVagener, 

Michael Pens, 

Jacob Kiatsell, 

Hans Georg. Bellman^ 

Hans Michl. Reyer, 

Johan Carl Reyer, 

Johan Martin Reyer, 

Christian Eply, 

Hans David Eply,. 

Jacob Lischer, 

Lutvvig Ilappeir, 

Mathias Scheitzr, 

Conraad Fry, 

Philip Leonti Cufi, 

Hans Jurig Reser; 

Georg. Adam Reser,. 

Philip Raub, 

Michael Raub, 

Leonhart Segell, 

Bernhard Walter, 

Henrick Acker, 

Philip Jacob Acker, 

Johan Georg. Rich^ 



Hans Michl. Krefger;. 
Wilhelm Berne, 
Hans Georg. Kuntz, 
Hans David Lentz, 
Paulus Miller, 
Hieronimus Muller, 
Hans Neddtli, 
Peter Souder, 
Johan Philip Souder, 
Samuel Griffi, 
Johan Georg. Hoffman^ 
Martin Heylman, 
Johannes Mailman, 
Martin Weybrecht, 
Johan Georg. Obermu'ler,. 
George Christopher Lay,. 
Johan Georg. Fredrick, 
Johan George Honig, 
Johan Heit Jorgar, 
Andreas Schenck, 
Georg. Michl. Schmidt, 
Jacob Buhlmayer, 
Michael Emert, 
Philip Criber, 
Johan Michl. Hedocker^ 
Georg. Peter Shultas, 
Johan Peter Cuchar, 
George Michael Ray, 
Johan George Ullerman, 
Hans Jacob Stambach, 
Johan Friedrich Heyster,, 
Hans Georg. Abel, 
Johan Fredrick Burghart^ 
Johannes Vogall, 
Johannes Pens, 
Andreas Colehendurfer^ 
Hans Adam Gasser, 
Johan Hendrick Edler^ 
Jonas Wolf, 
Leonhard Lotz, 
Marcus Yung, 
Matthias Yung, 
Hendrich Lebergher, 
Johan Nicolaus Remer,^ 
Johan Baker, 
Baltzar Cunkell, 
Johan Georg. Furkhillst, 



PROVINCIAL COUNCIL. 



loiiannes Pintnagle, 
Hans Georg. Roup. 
Johannes Shiiman, 
Johannes Esther, 
Hans Martin Bower, 
George Muller, 
Hans George Trihan, 
Johannes Schmeltzar, 
Johannes Retman, 
Johannes Michl. Albert, 
E. 



Christian Riim, 
Fredrich Shafer, 
Hans Martin Weybright, 
Johannes Reep, 
Hans George Borstler, 
Casper Kram'^r, 
'Conrad Walther, 
Johan Geo. Fred. Emert, 
Jacob Schratz, 



At the Courthouse aforesaid^ Sepr. 26th, 1732. 

PllESitNT : 

The Honourable the Governor, with some of the City Magistrates, 

Sixty one Palatines, who with the^ir Families, making in ail one 
hundred ninety one Persons, were imported here in the Ship Mary, 
•of London, John Gray, Master, from Rotterdam, but last from Cowes 
■as by Clearance thence, were in like manner qualified, whose 
Names are subjoyned. 



Nicolaus Stabler, 
Hans George Froshorn, 
Michael Abermann, 
Hans Jacob Abermann, 
Arnold Reitterson, 
Conrad Miller, 
Dewald Kase, 
Christian Kling, 
Jacob Stempul, 
Nicholaus Stempel, 
Johann Lautermilch, 
Hans Adam Miller, 
Jacob Hauk, 
Christo Keiser, 
Reinhold Esel, 
Cornelius Teele, 
Georg. Philip Behir, 
Daniel Billigar, 
Albrecht Slrous, 
Job. Jacob Driebler, 
Conrad Eberman, 
Andreas Moser, 
Caspar Meyer, 



Hans Michl. Walots, 
Hans Jacob Wartz, 
Jacob Wartz, 
Stephen Kennemar, 
Johannes Meyser, 
Henrich Schusler, 
Jerig Schusler, 
Hans Jacob Schusler, 
Henrich Schusler, 
Job. Fred. Rousenburgen, 
Jacob Walter, 
Jacob Walter, Junr., 
Hermann Sim, 
Simon Mullar, 
Wendel Ketterle, 
Albrecht Haase, 
Rhineholt Yssell, 
Erick Marcus Emler, 
Carel Eisen, 
George Cling, 
Johannes Wertz, 
Michael Durr, 
Hans George Ebenerj 



490 



MINUTES OF THE 



Christian Minie?-, 
Hans Henrich Teany, 
Hans Adam Robeitus, 
Jean Louis Danny, 
Pierre Fleury, 
Hans George Kohl, 
Martin Erenst, 
E. 



Hans Geo. ErckenbrecHt.. 
Hans Peler Verley, 
George Felle Pickell, 
Nicolaus Kent, 
Hans Michl. Mantz, 
Johannes Pickle, 
Chrislo. Pickle. 



At the Courthouse aforesaid, Sepr. 30th, 1732. 

PRESENT : 

The Honourable the Governor vnth Several Magistrates. 

Fifty five Palatines, who with their families, making in all One 
hundred & seventy Persons, were imported here in the Ship Dragon, 
Charles Hargrave, Master, from Rotterdam, but last from Plymouth, 
as by Clearance thence, were in like manner qualified, & theii? 
Names are Subjoyned. 

Peter Matern, 
Hans Georg. Dirh, 
Michael Dirr, 
Martin Wytknecht, 
Christian HofTman^ 
Jacob Lypersberger, 
Hans Adam Bender, 
Hans Wendel Lahber, 
Hans Georg. Road, 
Johan Adam Romieh, 
Johan Fredrick Romieh, 
Leonhard Schlosser, 
Leonhard Muller, 
Johan VVilhe'm Franks 
Peter Rowdenbash, 
Hendrick Rowdenbash, 
Hans Jacob Shoork, 
Henrich Gruber, 
Hans Peter Wolf, 
Johannes Herburger, 
Johannes Wirtman, 
Jacob Klein, . 
Hendrick Klein, 
Johannes Gyger, 
Johan Georg. Kroner, 
Johan Dietrich Kroner, 



Peter Schlosser, 
Hans Wilhelm Ziegler, 
Johannes Shyroktz, 
Johan Nicolaus Muller, 
Christian Suber, 
Johan Philip Hoffman, 
Hans Georg. Hagi, 
Simon Beltzner, 
Johan Philip Slough, 
Andreas SI lowch, 
Hans Michl. Rysner,. 
Hans Rudolph Illig, 
Hans Martin Koppler^ 
Henrick Easier, 
Georg. Ludwig Schits^- 
Leonhard Pentz, 
Michael Graaf, 
Tobias Paal, 
George Fauntz, 
Johan Jacob ByerlCj, 
Christopher Besser, 
Hans Ulrick Bare, 
Hans Georg. Hayl?. 
George Hayl, 
George Sype, 
Lutwig Sype-5< 



PROVINCIAL COUNCIL. 491 

Frantz Sype, Hans Georg. Soldner, 

Felix Bronner, 
E. 



September, 1732. 

UPON some Advices received, that the Shawanese Indians at Al- 
legheney had been once or tvpice at Montreal, to visit the French 
Governor ; that some Messages and Presents had passed between 
ihem, and that it was to be apprehended the French were Endeav- 
ouring to gain them over fo their Interest, A Message from this 
Government was sent to I he Chiefs of these Indians, in December 
last, accompanied with a large Belt of Wampum, and some Kum, 
desiring them to come to Philadelphia, in order to confer on some 
Matters of great Importance to themselves, as well as us. Which 
Message having been delivered this Spring, they returned a friendly 
answer thereto, and promised to send some of their Chiefs to visit 
us t!i!s Summer. 

Accordingly, Opakethwa & Opakeita, two of their Chiefs, with 
two others, vizt ; Quassenungh & Kataweykeita, having com® 
hither on the 08th current, and taken time to refresh themselves af- 
ter their Journey, 

A Council was held at Philadelphia, Sepir. 30th, 1732. 

PRESKNT : 

The Honourable THOMAS PENN, Esqr., Proprietary. 

The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 

James Logan, Thomas Laurence, "j 

Samuel Preston, Samuel Hasell. I Esquires. 

Clement Plumsted, J 

PRESENT LIKEWISE : 

Opakethwa & Opakeita, the Shawanese Chiefs. 

Edmund Cartlidge, ^ 

Peter Chartiere, \ Interpreters. 

John Wray. ) 

Opakethwa producing the Letter sent from the Governor, said 
that their Chiefs had received it last Spring, from the hands of Ed- 
mund Cartlidge, with a Bi.-lt of Wampum & Six Gallons of Rum, 
for which they thanked the Governor ; that they had returned an 
Answer, and desire to know if it was received- 



492 MINUTES OF THE 

The Governor then enquired of them the Reason why they had 
gone so far back as Allegheney ? They answered, that formerly 
they lived at Patowmack, where their King dyed ; that having lost 
him, they Knew not what to do; that they then took their Wives & 
Children and went over the Mountains, (meaning to Allegheney,) to 
live. 

It was told them, that as they had entred into a League of friend- 
ship with this Government, they should have advised with us as 
their Friends and Brethren, before they removed ; and then 'twas 
asked them, why they had been so frequently at Canada of late ? 
and what was the Reason of their going thither? 

They answered, that they no sooner received the Message from 
this Government but they resolved to come hither, and impart to 
their Brethren what had passed between the French and them. 

Opakethwa then proceeded and said, that when they went over 
the Hills they mett with a French Trader, who told them that the 
French Governor, their father, desired Earnestly to see them at 
Montreal ; that accordingly they went to see him, but had no Inten- 
tion to leave their Brethren the English, or turn their Backs upon 
them. 

That when they went to Montreal, the Governor there told them 
that lie had no other Design in sending for them than to see them, 
and take them by the hand ; (hat he had likewise sent for the Six 
Nations and the Indians of Conestogoe, to come & visit him. That 
the French Governor said he saw ihem from affar off, and their Breth- 
ren the English trading amongst them, and desired they would love 
all the Christians for they were good Men ; that the Goods which 
the English brought amongst them were good in their Kind, and 
necessary for them, and to bind his Words gave them a Belt of 
Wampum ; that they had sometime before received Powder ^ Lead 
from him, and that they had lately carried him a Present of Skins 
in Return. 

He added, that the French Governor told them that ihe English 
were much better furnished with Cloathing, and other things neces- 
sary for the Indians, than his People were ; that in time the French 
and English I'raders would meet at Allegheney, exchange Goods, 
and trade together. He then desired the Indians to have a good 
heart, and love all their Brethren the English ; that he would also 
take Care that all the French Indians should love the English, and 
said that some of his People would come to Allegheney in the Fall, 
to visit them. 

Being asked whether they Know that the French intended to build 
some Houses at Allegheny, they answer that they know nothing of the 
matter. 

They were then acquainted that a great Treaty had lately been 



PROVINCIAL COUNCIL. 493 

held here with the Six Nations, in which it was proposed to unite 
all the Indians in the English Interest together; that a considerable 
Number of their Nation, about thirty four years since, (as the Govr. 
had told them in his Letter,) coming with their Wives & Families to 
Settle at Conestogoe, they then entred into a League of Friendship 
with this Government ; first with Coll. Markham, the then Lieuten- 
ant Governor, and in about three years after, with William Penn him- 
self, who was under the Great King of England as a Father to all the 
Indians ; that from that time the Shawanese became as Brothers to 
the English, as all our other Indians are; and so in all Treaties 
with our Indians since the first coming of the Shawanese, we have 
always accounted them, and from time to time they had constantly, 
as there was Occasion, renewed and confirmed the League or Chain 
of Friendship with us. but now they seemed to be applying to others 
to make new friendships with them. 

They said, that having received the Governor's Letter calling them 
hither, they came as Friends and Brethren; but they appeared con- 
cerned, and said they did not know any thing they had done amiss 
on their parts, and did not think they were sent for to be found fault 
with ; they thought they were coming to their friends. 

They were told they thought right, we are their true friends, and 
we look upon them to be Ours. VN e only put them in mind of the 
old League and friendship subsisting between them and Us. They 
are to be commended for living in Peace with all their Neighbours, 
and they ought to be civil to the French while the French are civil 
to them, but they must not prefer any other People to the English ; 
they have made Leagues with us ; we are their true friends. We 
take their present Visit very kindly, and (hey shall find we do; and 
are pleased with it; but they must like true friends, be open and 
free with us ; true friendship requires thsi. 

They appeared well pleased, and Evening comingon, they were 
dismissed till another Meeting. 



At a Council, October 5th, 1732. 

PRESENT : 

The Honourable Proprietor, with some Members of Council. 

The Elections, and the Governor's Journey to Newtown, in Mary- 
land, with the other Commissif)ners appointed for running the Di- 
vision Lines of the Province, &c., having delayed the prosecution 
of the Treaty with the Shawanese Chiefs, began the 30th Ultimo, 
they now met again, and were told as was hinted before to them : 

That divers Chiefs of the five Nations having lately visited this 
place, and concluded a Solemn Treaty with us. It was proposed that 



MINUTES OF THE 494 

all the Indians in Amity with the English should enter int<. one 
League, and become United as one People: and parlicularly, that 
the Shavvanese should be united to the Six Nations, and that this had 
been largely discoursed with those Nations; they said the Mingoes 
had not said any thing of it to them- 

They were put again in mind of the League they had eiilrcd into 
with this Government, that they had always been kindly treated, and 
we could not but think it strange they should retire and leavp us, 
without first acquainting us with it. As William Penn, who was 
the Father of this Country, was always a Father to all the Indians, 
so were his Governors. Whenever we speak to the Indians. We 
speak to them as to our Brothers, with open hearts. Their lather 
William Penn is now in his grave, for he was very Ancient, but his 
Son is heie; he is now with them, and will treat all the Indians in 
the same manner his father alwavs did. 

lie is not pleased they should retire such a distance from us, he 
desires they may live near us; or if their Hun'ers must go further 
abroad for their Game, yet the'r Wives and Children should remain 
with us. That they might not be straitned for Want of Lands, there 
was a large Tract laid out for them about I heir Town, near Pextan, 
which should always be kept for them and their Children for all 
time to come, or so long as any of them continued to live with us. 
They see by this we are their true friends, and as Brothers they are 
desired to open their hearts and speak frrely. 

They said when they heard all we had to say to them, they would 
answer fully, and the substance of what had been said to them being 
repeated, they replied : 

That they had heard of the Land that was laid out for them ; that 
their Young men had gone over the Mountains to hunt where they 
might have more Game, that when that was over they would return 
and see the Land ; that their Families and the rest of them, being 
afraid of being surprized by their Enemies, the Tootelaes, had re- 
tired where they might live in greater Safety. 

They were told that our Traders might leave off carrying out 
Goods to such a distance, and they well knew the French could not 
supply them with Goods, either so valuable in their Kind, or at .such 
cheap rates. To which they answered, that they were sensible of 
this, but they had horses of their own, and could bring down their 
Skins to the Trader, or to this town, if there were occasion. 

They then presented a Belt of Wampum, and said they acknowl- 
edged the Receipt of the Governor's Letter, and the Belt, with the 
Rum sent them ; thiit they were pleased with the Message, and being 
desired to come and visit us they were come accordingly ; they '-vera 
glad to see WiUiam Penn's Son, & pleased with the Words the\ had 
heard, and will report them to their People ; they say they have had 



PROVINCIAL COUNCIL. 495 

a very hard Summer, and are poor, but had brought him a Skin to 
to make a pair of Gloves. 

The Proprietor said he was glad of this Opportunity of taking 
thetn by the hand, and desired them to speak freely on the heads 
thai had been mentioned to them. 

They answered, that the place where they are now Settled Suits 
theiri much better than to live nearer ; that they thought they did a 
Service to this Province, in getting Skins for it in a place so far re- 
mote ; that they can live much better there than they possibly can 
any where on Sasquehannah ; that they are pleased however with 
the Land laid out for them, and desire it may be secured to them. 

Thev were told that some Cloaths should be provided for them, 
with a present for them to carry to Iheir People. And when these 
were ready, the Proprietor would speak further to them about the 
Land, upon which the Council, having ordered Cloaths & a present, 
rose 



October the 6th. 

Three of the four Shawanese Indians meeting the Proprietor & 
sonio of the Council, presented a bundle of Skins, consisting of 22 
small Drest Deer Skins, wt. 26lb., and 2 small Elks. 

They were told there were Coats making for them, and other 
Cloaths, with a Present, was providing; the Proprietor presented 
their Chief with a very fine gilt Gun, as a mark of his respect for 
their Nation, and told them he would send a Surveyor to run Lines 
abouf the Land intended for them, and that none but themselves ^ 
Peter Chartiere should be allowed to live on it. That their Cloaths 
were not yet finished, but they should be ready in the Evening. 



October the 7th. 

Oue of the four Shawanese Indians, a young Man named Quass- 
enuiig, Sonof their old King, Kakowatchy, being .'J or 4 days since 
tak' (1 with the small Pox, ttio' not one Person in the City was then 
knovvn to have that Distemper, Opakethvva their Speaker, agreed to 
stay in Town to take care of him: the other three received each 
of them a blue Cloth Coat lined with Salloon,a Shirt, a Hatt, a pair 
of Str^ckings, Shoes and buckU's, the like was also given for the 
Sicl^ young man, to be delivered to him. And for a present to their 
Nation was ordered and delivered, a piece of blue Strouds, four blan- 
kets, one hundred weight of Powder, four hundred weight Bullets, 



MINUTES OF THE 496 

en gallons of Rum, &, two dozen Knives. And to John Wray the 
Interpreter, who had come down with them, five pounds. 

Their charges in town were also ordered to be paid, and what 
should lurther arise on account of the Sick Young Man, and Opa- 
kethwa, who staid to take care of him. 

N. B. Quasscnungh recovered from the small Pox, but Opaketh- 
wa who tended him, was taken most violently with the same Distem- 
per, and dying on the •26th, was next day handsomely buried. Quass- 
cnungh was seized with violent Pains, and languished till the 1 6th of 
January; he then dyed, and was likewise the next day buried in a 
handsome manner. 

E 



At a Council held at Philadelphia, Septr. 31st, 1732. 

PRESENT : 

The Honourable THOMAS PENN, Esqr., Proprietary, 

The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 

James Logan, Thomas Laurence, ") 

Samuel Preston, Samuel Hasell. L Esquires. 

Clement Plumsted, J 

The Governor acquainted the Board that the Differences between 
our Honourable Proprietary Family and the Lord Baltimore, touch- 
ing the disputed Boundaries of their respective Governments, being 
now happily accommodated, an Agreement had been concluded be- 
tween them, which, by Direction of the Proprietor, he was now to 
lay before the Board. That it had been as yet only communicated 
to the Commissioners, who by a certain Instrument, are appointed 
on the part of Pennsylvania to execute that Agreement, by running 
the Lines, &c , but as these Gentlemen were in a few days to sett 
out to meet Mr. Ogle, Governor of Maryland, and those named on 
the part of that Government, The Proprietor is desirous of impart- 
ing the said Agreement to the Council, seeing it may not be improp- 
er to take Notice to this Board, of the Steps taken in a Matter of so 
great & publick Importance. 

Which Agreement, with the Instrument appointing the Commis- 
sioners, being read, all the Members expressed their hearty Satisfac- 
tion therewith, and the pleasure it gave them to find that the Differ- 
ences and Uneasinesses which had formerly so much disquieted this 
Government, were in so fair a way of being fu-lly settled, and as the 
Execution of the Agreement was entrusted to Persons of such good 
Abilities, it was to be hoped the same would be speedily brought to 
a happy Issue. 
E. 



PROVINCIAL COUNCIL. 497 

At a Council held at Philadelphia October 3d, 1732. 

PRESENT : 

The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 

James Logan, Thomas Laurence. "j 

Clement Plumsted, Samuel Hasell. vEsquires. 

Henry Brooke, J 

Returns from the Counties of Philadelphia and Chester, of the 
Eleclions of Sherifs & Coroners for the year ensuing, being laid 
before the Board, the follosving Peisons were nominated to these Offi- 
ces, to witt : 

For the City and County of Philadelphia. Septimus Robinson 
and Robert Ellis being returned for Sherifs, &, Owen Owen and 
John Roberts for Coroners, Septimus Robinson is appointed Sherif, 
and Owen Owen Coroner. 

For the County of Chester. John Parry & Wm. Smith being 
returned for Sherifs, &; Anthony Shaw and John Wharton for 
Coroners, John Parry is appointed Sherif & Anthony Shaw Coro- 
ner. 

And Commissions are ordered to be issued to thorn, on their giv- 
ing Security as the Law directs. The Governor then notified to the 
Board, that pursuant to an Appointment made between the Lieuten- 
ji ant Governor of Maryland and him, for the meeting of the Commis- 

I sioners named on the part of that Province and Pennsylvania, for 

the Execution of the late Agreement concluded between the Proprie- 
taries of each, he was to set out to morrow for Newtown, in Mary- 
land, and recommended to the Board the Care of the Publick in his 
Absence. 

His Honour then observing that the Returns of the Elections in 
Bucks (fe Lancaster Counties had not yet been made, desired that the 
first named in each might be appointed to ihe Offices of Sheriff &; 
Coroner, unless some good Cause appeared to the Contrary, and said 
he had ordered blank Commissions for that purpose to be left with 
Mr. Logan. 

The Board having wished the Governor Success in his Journey 
and a safe Return, the Council broke up. 



October 5th. In the Governor's Absence. 

Returns from the two last mentioned Counties being received, the 
Appointments were thus made : 

For the County of Bucks. Isaac Pennington & John Hart being 
returned for Sherifs, & William Atkinson & Joseph Wildman for 
Coroners, Isaac Pennington was appointed Sherif &. William Atkin- 
son Coroner. 



498 MINUTES OF THE 

For the County of Lancaster. Robert Durhannan and John Gal- 
braith being returned lor Sherils, & Joshua Lowe & Samuel Bethel 
for Coroners, Robert Biichannan is appointed Sheriff Joshua Lowe 
Coroner. 



October 5th, at Newcastle. 

Returns being brought the Governor, of the Rlections in the Coun- 
ties (/f Newcastle, Kent & Sussex, the following Persons were by 
him appointed to the Offices of Sherif & Coroner : 

For the County of Newcastle. John Gooding and Henry New- 
ton being returned for Sherifs, and Robert Robertson & Henry Gonne 
for Coroners, John Gooding is appointed Sherif & Henry Gonne 
Coroner. 

For the County of Kent. John Hall & Daniel Rodeney being 
returned for Sherifs, and Nicholas Lockerman and John Wells lor 
Coroners, John Hall is appointed Sherif & Nicholas Lockerman 
Coroner. 

For the County of Sussex. Simon Kollock & being re- 
turned for Sherifs, and Joshua Fisher& for Coroners, Simon 

Kollock is appointed Sherif and Joshua Fisher Coroner. 
E. 

N. B This ds the proceeding Minute, were by mistake Entered 
before that of the 5th of October. 



At the Courtho. of Philadelphia, Octor. 11th, 1732. 

PRESENT : 

The Honble PAT. GORDON, Esqr., Lt. Govr. 
With Severalsof the City iVl agistrates. 

Forty two Palatines, who with their families, making in all — — 
Persons, were imported here in the Ship f^leasant, James Morris, 
Master, from Rotterdam, but last from Deal, as by Clearance thence, 
were this day qualified as usual, & their Names are Subjuyned: 

Balzar Spingler, George Hans Peters, 

HetM'ich ^pinuler, Georg. Spingler, 

Johannes Keliar, Jurg. Kullar, 

Johan Georg. Senck, Jacob Fried riech Klim, 

Georg. Bear, Henricus Relz, 

Frederick Baasler, Jacob Podom, 

Ulrich Bodman, Johan Jacob Timmanous, 

Ulrich Peters, Isaac Raudebush, 



PROVINCIAL COUNCIL. 



500 



MattiiJas Jurian, 
Henrich Eckert, 
Hans Georg. Salk, 
Phiiip Schellig, 
Conrats Kolb, 
Conrats Glassbrenner, 
Jacob Honiberger, 
Hans Peter Signnund, 
Hans Bern Kuntzer, 
Fulk Mullar, 
Hans Philip Kresier, 
Matthias Ambrosi, 
Johannes Gumbof, 
E. 



Friedrich Notz, 
Hans Adam Schilling, 
Johannes Moak, 
Ulrich Baasler, 
Job. Casper Winterott, 
Georg. Philip Snatherly, 
Hans Michl. Snatherly, 
Georg. Mess, 
Valtin Mullar, 
Hans Michel Hoffman, 
Johannes Tablemeyer, 
Conraad Roup, 
Oeorg. Michel Favian, 



At a Council held at Philadelphia, October l6th, 1732, 

PRESENT : 

The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 

Samuel Preston, Thomas Laurence, ? p nuires, 

Clement Plumsted, Samuel Hasell. > ^ 

The Representatives of this Province, elected the 2d instant, 
(the 1st failing on a Sunday,) having Mett in Assembly on the 14th 
and proceeded to the Choice of a Speaker, notified the same by a 
Message to the Governor, who, having appointed this forenoon for 
receiving them with their Speaker, they attended accordingly. 

And Andrew Hamilton, Esqr, having acquainted the Governor 
that the Representatives had been pleased to chuse him to be their 
Speaker, His Honour declared his Approbation of their Choice; 
Whereupon the Speaker made the usual Requests of Freedom of 
Speech, Access to the Governor's Person, Protection from Arrests 
during the accustomed time of Privilege, &c., all which His Honour 
having assured them he would inviolably maintain as far as lay in 
liis Power, they withdrew. 
E. 



At the Court House of Philadelphia, October 17th, 1732, 
phesent: 
The Honourable the Lieutenant Governor. 
With the Mayor of the City, &, other Magistrates. 

39 



501 



MINUTES OF THE 



Sixty one Palatines, who with their Families, making in all One 
hundred Sixty nine Persons, were imported here in the Pink John 
& William of Sunderland, Constable Tymperton, Master, from Rot- 
terdam, but last from Dover, as by Clearance thence, were this day 
qualified as usual, and their Names follow :. 



Bernhard Wymer, 
Moritz Laurence^ 
C. Wolger, 
Georg. Albrecht,. 
Jacob Brechbiel, 
Laurenz Kiefier, 
Stephen Matthes, 
Bartol Moll, 
Hans Georg. Martin, 
Hans Brhart Vosselman, 
Johannes Emich, 
Felter Scheadecker^ 
Johar^nes Deynen, 
Pieter Haywigh, 
Michal Weysel, 
Friedrich Wyssell^ 
Lutwig Joh. Melchionar, 
Johannes Yeigie, 
Joh. Phillipus Reinhart, 
Hans Peter BrechbilU 
Bendu Brechbill, 
Hans Brechbill, 
Hans Georg. Sprecher, 
Johannes Nagel, 
Peter Smidt, 
Johannes Housam, 
Joh. Michal Houaman, 
Joh. Nicolaus Pauschon, 
Baltzar Gerloch, 
Christian Low, 
E. 



Conrad Low, 
Ludwig Hoogel, 
Jacob Weyber, 
Johannes Sehook, 
Hans Jacob Reyl, 
Georg. Adam Stiess, 
Abraham Dubo, 
Bans Georg. Rohrbachy 
Joh. Nicolaus Schmidt, 
Adam Wilt, 
Antoni Albrecht, 
Hans Philip Kleas, 
Conrad Getz, 
Nicolaus Kooger, 
Jacob Kooger, 
Jac. Matthias Wenser, 
Sebastian Trockenmille/p 
Gideon Hoffer, 
Hans Reyl, 
Joh. Shuffeln, 
Johan Paul Derst, 
Henrich Getz, 
Matthias Rubichon, 
Johannes Vogler, 
Jacob Henrich, 
Philip Melchior Moyer, 
Johan Georg. Wahnsidel,. 
Johan Pieter A psell, 
Georg. Wypert, 
Johan Jacob Sheare. 



At a Council held at Philadelphia, January Qth, 1732-3, 

PRESENT : 

The Honourable the Proprietary. 

The Lieutenant Governor. 

James Logan, Thomas Laurence, "^ 

Isaac Norris, Ralph Assheton, lEgquires^ 

Samuel Preston, Samuel Hasell, [ ^ 

Henry Brooke, Clement Plumsted. J 



PROVINCIAL COUNCIL. 502 

The Governor acquainted the Board, that some days since he had 
received a Letter from the Lord Baltimore, complaining o( a Riot 
committed within his Lordships Province of Maryland, by People of 
Pennsylvania, but the Circumstances not being mentioned, or any 
Information given from whence the Matter might be clearly under- 
stood, he had thought proper in a few Lines, to acknowlege the 
Receipt of his Lordships Letter, and to refer giving a particular 
Answer till a due Enquiry should be made into the Affair. 

That having gather'd from the Precept enclosed in his Lordship's 
Letter, that the Persons complained of were Inhabitants of Lancas- 
ter County, he had dispatched an Express to the Justices there, re- 
quiring them to furnish him with an exact Account of the whole; that 
the Messengerbeingnow returned, had brought a Letter from the Jus- 
tices together with several Affidavits, all of which he thought highly 
proper now to lay before the Board, whom he had called together to 
advise with on the Answer to be made to Lord Baltimore. 

The Letter from his Lordship being read is in these Words : 

" Annapolis, Deer, ye 15th, 1732. 

'• Sir : 

" By the enclosed precept, founded upon Informations given upon 
^' Oath to a Magistrate here, you will see that a most outrageous 
" Riot hath lately been committed in my Province, by a great Num- 
" ber of People caUing themselves Pennsylvanians. 

" It appears by the same Information that some of your Magis- 
*' trates, instead of preventing or discourageing these Violences, 
" Co'intenance and abet the Authors of them; whether with or with- 
" out the Approbation of your Government, you best know. 

" For my own part I think myself in Honour and Justice ob'iged, 
" and I am determined to protect such of His Majesty's Subjects 
" who are my Tenants, in all their Rights ; and therefore, to the 
^' End the Persons complained of may be punished, if upon a fair 
" tryal they shall be found guilty, I desire that they, or such of them 
*' as can be found in your Province, may be sent without loss of 
" time into this, as the Only and proper place, where the fact with 
" which they are charged is Cognizable, and where my Officers will be 
" ready to receive them, particularly the Sherifs and Justices of my 
*' Counties of Baltimore and Cecil. 

'' I also desire that such of your Magistrates as shall appear to 
*' have Encouraged the commission of these or any other Violences 
" in my Province, by the People of Pennsylvania, may be punished 
*' for their abuse of Authority ; and that you'l favour me with a 
*' Categorical answer to these my just demands, by this bearer. 

" Your Humble Servt. 

" BALTIMORE. 

" Addressed thus, 
^* To His Excellency Patrick Gordon, Esqr., at Philadelphia." 



503 MINUTES OF THE 

The Precept referred to in the foregoing Letter, follows in thesS' 
Words : 

" Maryland, ss r 

" WHEREAS Charles Jones, James Patison, Alexr. ft'u-Key^ 
•' John Capper John Hart, John Pattan, Janries Pattan, James Pati- 
" son, Junr., John Trotler and William JMacmanac being, or pn lend- 
" ing themselves to be Inhabitants ot Pennsylvania, togelhti with 
" several other Persons unknown, are (. harged upon the Oath of 
" John Lowe of Baltimore County, Planter, taken before me, Robept 
** Gordon, Esqr., one of his Lordship's Justices of the Provincial 
*' Court of Maryland, with having Assembled themselves, Armed 
*' with Weapons, Offensive and Defensive, in a Riotous manner, on 
" the Plantation of him the said John Lowe, in the said County, in 
•' the Night of the Twenty sixth of November last, and Vi^'lently 
*• and Riotously Assaulting and beating the said John Lowe, his 
" Wile and Family, and Imprisoning the said John Lowe & his two 
" Sons, to the great Terror and Damage of the said John Lowe and 
" his Family, against his Lordship's Peace, Good rule and Govern- 
" ment: 

" THESE are therefore in his Lordship's Name, to Will and re- 
" quire all Sherifs, Coroners, Constables, and other his Lordship's 
" Officers, to make Diligent Search and Enquiry within their res- 
" pective Counties and precincts, for the said Charles Jones, James 
" Patison, Alexander McKey, John Capper, John Hart, John Pattan, 
" James Pattan, James Pattison, Junr., John Trotterand William Mac- 
" manac, and all other Persons concerned in the said Riot, and to ap- 
•' prehend them or any of them who shall be found within this Pro- 
" vince, and to carry them or any of them before some one i)f his 
" Lordship's Justices of the Provincial Court, or some one Justice 
*' of the Peace of the County where they or any of them shall be found, 
*' in Order to be dealt with according to Law: hereof the said Officers 
*' are not to fail at their peril. Given under my hand and seal, at An- 
" napolis, this Fourteenth day of December, in the Eighteenth year of 
" his Lordship's Dominion, Annoq Domini 1732." 

The Governor's Answer to his Lordship's said Letter, is as fol- 
lows. 

« Philadelphia, Decemr. 23d, 1732. 
" My Lord : 

" It gives me no small Concern, that the first Letter I have the 
" Honour to receive from your Lordship, should be on so disagree- 
" able a Subject as a Complaint against any of His Majesty's Sub- 
" jects under my Government, for Disorders committed in the Pro- 
" vince of Maryland ; and 1 must assure your Lordship vou have 
" been exceedingly misinformed if you can imagine it possible that 
" 1 should countenance an Outrage of such a Sort as your Letter 
*♦ seems to represent it, for I believe I shall be fully Capable to satisfy 



PROVINCIAL COUNCIL. 504 

** your Lordship that my Conduct in relation to your Provi:ice, since 
*' I licid the Honour to serve the Proprietors of Pennsylvania as 
" their Lieutenant Governor, has demonstrated a very diilerent 3is 
"" position. 

" To the matter of tlve Complaint I am very m-uch a Stranger, and 
" as your Lordship was not pleased to transmitt Copies of the In- 
" formation, or any thing- else that miglit sufficiently enable me to 
" judge of it more clearly, I sliall therefore immediately, nolwith- 
" standing the Distance and Rigour of the Season, dispatch a Mes- 
" sage to the Magistrates of the t. ouiity of Lancaster requiring them 
" without delay to make -a full Enquiry, and furnish me with every 
" thing for the perfect Understanding the State and Circumstances of 
•" the whole Affair ; and I have no Reason, from the past Conduct oi 
" those Gentlemen, to believe but that it will be found much differeni 
" from what has been represented to your Lordship. These when 
" receivLd shall l)e forthwitli communicated, and then I may have 
" Occasion to make some further Observations on your Lordship's 
^' Letter, and tlie Nature of tliese unhappy Disputes which, nutwith- 
" standing all possible Caution to the contrary, may arise for want of 
•" the Division Lines being actually run, whereby every Inhabitant 
"" might distinctly know what Jurisdiction he lives under. 

" Tills being all I am at present able to say on the Subject till the 
•" return of my Messenger, I am, My Lord, 

^' Your Lordship's 

^' Very humble Servant, 

" P. GORDON. 

Addressed thus, 

" To the Right Honourable 

" The Lord Baltimore, Proprietor of Maryland." 

Then was read the Letter of Jolm Wright & Samuel Blunston, 
Esqrs., to the Governor, in the following Words : 

" May it please the Governor: 

■" Being informed by the Governor's Letter to Us, that the Execu- 
''' tion of a Warrant directed to Charles Jones, Constable of Hemp- 
^' field, for apprehending two Sons of John Lowe, of this County, 
*' pretending themselves Inhabitants of Maryland, hath been repre. 
^^ sented to Lord Baltimore as a violent and riotous Assault commit- 
" ted against his Lordship's Peace, good Rule and Government. 

" We have therefore, made strict Enquiry into the Manner of the 
" Execution thereof, which, together with the Cause of Issuing the 
*' said Warrant, and all other things relating thereunto, are herev/ith 
*' faithfully transmitted. 

" In the year 1729, when the Governor was pleased to issue an 
^' Order to divide this part of the Province from Chester Count > , a^ 



505 MINUTES OF THE 

" for Erecting the same into a distinct County, and appointed Magis- 
" trates and Officers for 'lie Conservation of the Peace, the more 
" easie Administration of Justice and better securing tlie sober and 
" quiet Inhabitants in those remote Parts o! the Province, from the 
" Tliefts and Abuses committed by idle and dissolute Persons wha 
" resorted hither to Keep out of the hands of Justice, the Southern 
" Boundarys of the said County were by the said Order, to be Octo- 
" raro Creek and the Province of Maryland, and including the In- 
" habitants, to lye open to the Westward. But as the Line between 
" the two Provinces was not Known, no Authority was claimed over 
*' those few Families settled to the Northward ofOctoraro, by or under 
" Pretence of Maryland Rights, but they remained (by us) undis 
" turbed, tho' many Inhabitants of Pennsylvania lived some Miles 
" to the Southward of them. 

" At that time there were no English Inhabitants on the West 
" Side of Sasquehannah River in these parts, for about two 
" years before Edward Parnel and several other Familys whO' 
" were settled on the West side of the River, near the same, at a 
" place called (by the Indians) Coneohela, (who for several years 
" had paid uninterrupted acknowledgement to this Province) were at 
" the Request of the Conestogoe Indians, removed by the Governor's 
" Order from the said Place; the Indians insisting on the same to 
" lye vacant for their Convenience, as their Right by Treaties with 
" this Government formerly made. But about two years since, 
" Thomas Cressop and some other People of loose Morals and tur- 
" bulent Spirits, came and disturbed the Indians, our Friends and Al- 
" lies, who were peaceably settled on those Lands from whence the 
" said Parnel and others had been removed, burnt their Cabbins and 
" destroyed their Goods, and with muchthreatning& ill usaije drove 
" them away, and by pretending to be under Maryland Government, 
" (As they were got far from their Laws sought to Evade ours.) 
" But as that Land had been formerly settled by the good People of 
" this Province, and none till Cressop and his Company had settled 
" by a Maryland Claim so far to the Northward by near thirty 
" Miles, We concluded them to be Men ofdesperate Fortunes, who 
" would rather defend their Actions by Force than trust them to the 
<' Law, and that Opinion hath since been corroborated by others fol- 
«' lowing their Example and settling on that Side the River, who, 
*' when charged with Offences or Debt, would screen themselves un- 
*' der the same pretence, yet those Men would fly to our Laws for 
" Redress against their own Party, and they who had fled from their 
" Creditors and ihe Laws of Maryland into this Province, when such 
" Creditors pursued them hither, have refused Obedience to our Of- 
" ficers, and cryed Maryland. Thus they proceeded to play Booty, 
" disturbing the Peace of the Government ; carrying People out of 
" the Province by Violence; taking away the Guns from our Friends, 
" the Indians ; tying and making them Prisoners w ithout any OfTence 



PROVINCIAL COUNCIL. 5t)6 

*' given; <§' threatning all who shou'd oppose them, and by under 
" hand and unfair Practices, Endeavouring to alienate the Minds of 
*' the Inhabitants of this Province, and draw them from Obedience 
■" to their Party. Their Insolence increasing, they Killed the Horses 
" of such of our People whose trade with the Indians made it ne- 
♦' cessary to keep them on that side of the River, for carrying their 
*' Goods and Skins ; assaulted those who were sent to look after 
" them, and threatned them highly if they should come there again. 
" This Usage obliged James Patterson to apply to Us for a War- 
•" rant to apprehend and bind to the Peace two young Men, who 
" had been the most active. We, well knowing that according to 
" the Agreement lately made between our Proprietors and Lord Bal- 
" timore, and by the explanatory Maps thereon struck, those Settle- 
" ments were above twenty Miles to the Northward of the place of 
" the Intended Line, Therefore believed it our Duty as Conserva- 
" tors of the Peace, to use legal Authority for the Security of His 
" Majesty's Subjects, and curbing the Insolence of lawless & unruly 
" Otfenders, and accordingly issued a Warrant to apprehend Daniel 
" & William Lowe. The manner of Executing thereof will best 
^' appear by the Affidavits herewith sent. 

" When they were brought before us they were used with all the 
" Lenity the Case would bear, & dismissed on the Security of their 
"" own Friends for their future good Behaviour & appearance at 
" our next Court of General Quarter Sessions. 

" Could We have supposed such a Procedure would have given 
^' the least Offence to Lord Baltimore, or that he would have looked 
'• upon those Peisons as his Subjects, & under his Protection, who 
^' in his own Opinion (according to the Testimony of Thomas Cres- 
^' sop) live beyond the bound of this Dominion, we should not have 
*'■ acted herein, but have represented the Case to the Governor, & 
" waited the Direction of his wiser Judgement, to whose just Cen- 
■" sure we submit, and conclude with all due Regard. 

" The Governor's most assured Friends, 
" JNO. WRIGHT, 
" SA. BLUNSTON. 
" Hempfield, «Oth Decemr., 1732." 
Addressed thus : 
" To the Honble Patrick Gordon, Esqr. 
" Governor of Pennsylvania, 

After which were read likewise, the Affidavits of James Hendricks, 
William McMannack, John Capper, John Brubaker, Charles Jones, 
John Patten, Alexander McKey, Joshua Minshal, Francis Ward, Re- 
becca Hendricks, Joshua Lowe & Tobias Hendricks, setting forth : 
That James Patterson being informed one or more of his Horses 
were killed near John Lowe's Plantation, and that his two Sons 



&ar MINUTES OF THE 

Daniel and William, had been seen presenting a Gun to fire at an- 
other, but were prevented by being diticovered, sent some Persons 
thither to en<|uire into the Truth of the matter, who finding one of 
them lying dead near Lowe's house, made some Expostulations with 
his Sons on that head, who were so far from disowning the fact, that 
they said they would kill all the horses that came upon that l^and, 
and having assaulted and grossly abused Paterson's Messengers, 
thrratned they would tie and whip all those he should send over thhher,' 
that upon Complaint hereof made, a Warrant was issued for ap|)re- 
hending the two Persons who had been thus guilty of that Assault ; 
that the Constable to whom the Precept was directed, having formerly 
mett with resistance from those People, and fearing new Insults, (for 
Thomas Cressop and his Associates had threatned to shoot 
any Officer of Pennsylvania who should come into those pa>'ts to do 
his Duty,) tho' he only took his Staff himself, yet thought it necesary 
to have a suitable Strength with him, and being assisted by James 
Pattersons, Senr, & Junr., William McManac, Alexander McKey, 
John Capper, John Hart, John Patten, James Patten and Mathew 
Bailey, and no others, amongst whom were only three Guns, and 
these not loaded, serving only as an appearance of Defence, went 
quietly to the house of Lowe the Father, and the Door being open, 
he then apprehended Daniel and William his two Sons ; that no 
disturbance was made but what was occasioned by the Resistance of 
the Prisoners, and tb> se who came to their Relief, ajid in preventing 
Lowe's Wife from going out to raise the Neighbourhood; that in 
their return, Thomas Cressop, William Canon and Edward Evans 
followed them to rescue the Prisoners, and wounded John Hart, but 
were obliged to desist ; that Lowe's house where his Sons were taken^ 
is several Miles more Northerly than Philadelphia, (which appears 
by a well known Line that had been run above forty years Since, on 
a due West Course from this City to Sasquehannah, in order to a 
more certain Discovery of the Country,) and that there are about 
four hundred People living more Southerly than Lowe's house, wha 
pay taxe-i in the County of Lancaster, and have always acknowledg- 
ed themselves Inhabitants of Pennsylvania. 

The Board having fully considered the said Letters and Affidavits, 
and making some Observations on the Stile and manner of the Lord 
Baltimore's Letter, which they conceived too peremptory, were in- 
clineable to think that his Lordship had left Room for no other An- 
swer than barely to acquaint him that the supposed Riot was com- 
mitted within the reputed and known bounds of Pennsylvania, and 
consequently, not cognizable by him. Yet, since his Lordship's In- 
terposition in this Affair might probably be owing to some very 
wrong Impressions, and that he might not have had Leisure since 
his Arrival, so thoroughly to consider things of this Nature, The 
Board were of Opinion that a Letter, stating the facts as proved from 
the Affidavits, with some close, consequential Reasoning thereo% 



PROVINCIAL COUNCIL. 5Q8 

should be prepared and laid before the Board at tlieir next meeting. 

The Governor then proceeded to inlorin the Board, that an unhappy- 
Fray had arisen on the Borders of Kent County, in this Government, 
and those of Dorsett in Maryland, of which Mr. Shurmer, the Clerk 
of that County, had given an Account in a Letter to the Clerk of 
this Board, and the same being n ad is in Substance, 

That one John Newton purchased some Land of a Person who 
told him he held it under Maryland, on which Newton, as a Tenant 
of that Province, paid his Levies, at least for one year, to the Offi- 
cers of Dorsett County , but that upon Enquiry he found he had been 
imposed on, for that the Land he was possessed of had never been 
granted by Maryland to any Person whatsoever ; whereupon, believ- 
ing himself to be entirely free, he chose rather to be'nng to the County 
of Kent, and accordingly got the Surveyor, but without any Warrant 
or other Grant, to run out some Lines, of which Notice was taken 
in the Surveyor's Books there, and from that time for some years, 
had paid his Levies to Kent County ; that some of the Officers of 
Dorsett County lately demanding a Levy of him, as one of their In- 
habitants, he made his Case known to some of the Justices of Kent, 
who appointed a Constable in his Neighbourhood for the preserva- 
tion of the Peace ; that the under Sherif of Dorsett continuing to 
insist on the same Demand, at length carried him off by force ; that 
the Constable taking a sufficient Number of Assistants pursued them, 
and not without some Violence, rescued the Man and brought him 
back to his House. 

The Board expressed their Concern that Occasions of Difference 
should arise between the two Provinces, especially at this Juncture, 
when 'tis to be expected the Execution of that Agreement concluded 
between the Proprietors, will soon terminate all Contentions of this 
Sort; and it being moved that the Justices of Kent County should 
be wrote to for a more particular Account of this matter, and that 
they should be cautioned to use their utmost Endeavours to prevent 
all Broils with our Neighbours of Maryland, it was recommended 
to the Governor to give the necessary directions herein. 
E. 



At a Council held at Philadelphia, January 11th, 1732-3. 

PRESENT : 

The Honourable the Proprietary. 

The Lieutenant Governor. 

James Logan, Clement Plumsted, "^ 

Isaac Norris, Thomas Laurence, Lp'souires 

Samuel Preston, Ralph Assheton, f 

Henry Brooke, Samuel Hasell. J 



50» MINUTES OF THE 

A Copy of the Letter which the Governor had dispatched to the 
Justices of the County of Kent, pursuant to the desire of the pre- 
ceeding Council, was laid before the Board, and is as follows: 

" Philadelphia, January 9th, 1732-3. 

" Gentlemen : 

" A Letter from Mr. Shurmer to my Secretary, being very lately 
" come to his hand, has been communicated to me, relating to a 
" Fray that has happened on the Borders of your County and those 
" of Dorset in Maryland, in the Narrative of which, as he has not 
*' been sufficiently full and Clear, I am at some Loss how to judge of it, 
" but the Substance as far as I understand it is, that one John New- 
" ton purchased some Land of a Person who told him he held it 
" under Maryland, on which Newton as a Tenant of that Province, 
" paid his Levies, at least for one year, to the Officers of Dorset 
" County, but that upon Enquiry he found He had been imposed on, 
" for that the Land he was possessed of had never been granted by 
" Maryland to any Person whatsoever; whereupon, believing him- 
" self to be entirely free, he chose rather to belong to the County of 
" Kent, and accordingly got the Surveyor, but without any Warrant 
" or other Grant, to run out some Lines, of which Notice was taken 
" in the Surveyor's Books there, and from that time for some years, 
" he paid his Levies to your County ; that some of the Officers of 
'* Dorset County lately demanding a Levy of him, as one of their 
" Inhabitants, he made his case known to some of your Number, 
" who appointed a Constable in his Neighbourhood for the Preserva- 
" tion of the Peace ; that the under Sherif of Dorset continuing to 
*' insist on the same demand, at length carried him Off by Force ; 
" that the Constable taking a sufficient Number of Assistants, pur- 
" sued them, and not without some violence, rescued the Man 
" and brought him back to his House. Now, tho' it it is difficult to 
" account for this Proceeding on the part of Maryland in attempting 
*' to take a Man Prisoner for his Levies to that Government, who 
*' had several years paid them to this, at a time when there was rea- 
" son to expect that by the late Agreement all Differences would be 
*' amicably composed, in which Attempt undoubtedly they were most 
" manifestly in the wrong, yet on the other hand, the utmost Caution 
*' ought to be used not to give any just Occasion of Offence to our 
" Neighbours, with whom we have in the main lived in a good Un- 
" derstanding, and particularly to take Care not to Countenance the 
" Levity of such, as living on the disputable Borders, think they 
" may shift their Landlords at their own Will and Pleasure; for this 
" is a Practice this Government would never Encourage, nor is it our 
" Honourable Proprietor's desire that any Person who was first a 
" Tenant of my Lord Baltimore, should be afterwards allowed to 
'* change till such time as the running of the division Lines, which 



PROVINCIAL COUNCIL. 510 

*' we may now speedily expect, shall fully determine under which 
" Government for the future, they are to be ranged. 

" On receipt hereof I desire you without delay, to transmitt to me 
" a very particular Account of the whole Affair, and especially of 
" the time when Newton first Entred upon that Land ; how he pur- 
" chased it ; how long he paid his Levies to Maryland, & how long 
" to your County, as also, how the place is scituate, and how and by 
" whom the Neighbouring Lands are inhabited. 

" And although the Magistrates will always desire to be com- 
" mended for their just Zeal in asserting the Rights of the Govern- 
" ment they live under, when these Rights on a sufficient Evidence 
" are clear to them, in which they may assure themselves they shall 
" always be duly protected. Yet I must again press upon you the 
" Caution I have given, and require you by no means to enter into 
" any Broils with my Lord Baltimore's Tenants, unless they should 
" force you, by invading a clear and just Right, to appear in De- 
" fence of it in a manner becoming Persons entrusted with necessary 
" Powers for protecting the People in their civil Liberties ; and an 
" Account of your Procedure in such a just Discharge of your Duty 
" will always, I am sure, be most acceptable to our Honourable Pro- 
" prietor, as it will be to 

" Gentlemen, 

" Your Loving Friend, 

" P. GORDON." 

Addressed thus : 
" To the Justices of His Majesty's 

" Peace for the County of Kent." 

Then was lead a Draught of the Letter to Lord Baltimore, which, 
mentioning that Several Affidavits were therewith sent, was ob- 
jected to, and some Reasons were urged against transmitting any 
other Papers than the Copy of the Letter from Messrs. Wright & 
Blunston, and of one of the Affidavits relating more particularly to 
his Lordship, whereupon the Board directed the said Draught to be 
amended, and some other Alterations being made, the same was 
after due Consideration approved, and is in these Words : 

" My Lord : 

" When I wrote to your Lordship the 23d Ulto., I was then at 
" some Loss what to say in answer to the Subject matter of your 
" Lordship's Letter, thinking myself in Prudence obliged to decline 
'' giving my Sentiments of that Affair, lest on a proper Enquiry it 
" should be found otherwise than I had Reason, at that time, to ap- 
" prebend it. But the Return of my Express to Lancaster, has 
" brought me so full di distinct an Account of the whole, as clearly 
" shows that neither any Riot hath been committed within your Lord- 
" ship's Province by People of Pennsylvania, nor any Injustice done 



6U MINUTES OF THE 

" to those whose Complaint your Lordship has thought fit to hearken 
" to. 

" The Letter fronr) the two Magistrates, a true Copy whereof is 
*' here enclosed, gives a plain Narrative of the whole matter, which 
" is supported by many Affidavits now in my hand, the Substance 
" whereof is, that James Patterson being informed one or mure of 
" his Horses were Killed, near John Lowe's Plantation, and that his 
" two Sons, Daniel and William, had been seen presenting a Gun 
" to fire at another, but were prevented by being discovered, sent 
" some Persons thither to enquire into the truth ol' the matter, who 
" finding one of them dead near Lowe's house, made some Expostu- 
" lations with his Sons on that head, who were so far from disown- 
" ing the fact that they said they would kill all the horses that came 
" upon that Land ; and having assaulted and grossly abused Patter- 
" son's Messengers, threatned they would lie and whip all those he 
" should send over thither ; that upon Complaint hereof made, a 
♦' Warrant was issued for apprehending the two Persons who had 
" been thus guilty of that assault ; that the Constable lo whom the 
" Precept was directed, having formerly met with Resistance from 
♦' these People, and fearing new insults, (for 'tis undeniably proved 
" of Thomas Cressop and his associates there, that they had threat- 
" ned to shoot any Officer of Pennsylvania who should come into 
" those parts to do his Duty ; that they were provided with Arms, 
" and would use them for that purpose ; nay, to such a pitch of In- 
*' solence was Cressop arrived, as to declare that if he had known 
" when the Sherif came to apprehend a Man & Woman who had 
" murthered their Child, and have since been condemned for it, he 
" would have defended them,) from these Apprehensions therefore, 
*' the Constable, tho' he only took his Staff" himself, yet thought it 
" necessary to have a suitable Strength with him, and being assisted 
" by James Pattersons, Senr. & Junr. , William McManac, Alexan- 
" der McKey, John Capper, John Hart, John Patten, James Patten 
" and Mathew Baily, and no others, amongst whom were only three 
* Guns, and these not loaded, serving only as an appearance of de- 
" fence, went quietly to the house of Lowe the Father, and the Door 
" being Open, he there apprehended Danl. and William his two Sons; 
*' that no disturbance was made but what was occasioned by the 
" Resistance of the Prisoners, and those who came to their Relief, 
*' and in preventing Lowe's Wife from going out to raise the Neigh- 
" bourhood ; that in their return Thomas Cressop, William Canon 
" and Edward Evans, followed them to rescue the Prisoners, and 
" wounded John Hart, but were obliged to desist; and to conclude all, 
" that Lowe's house where his Sons were taken, is several miles 
" more Northerly than Philadelphia, (which appears, by a well 
" known Line that had been run above forty years since, on a due 
" West Course from this City to Sasquehannah, in order to a more 
" certain discovery of the Country,) and one Person, who for several 



PROVINCIAL COUNCIL. 5l2 

" yeai's past has been employed in Levying the Taxes of the Cctinty 
" of Lancaster, parlicul.irly deposes, that theie are four hundred 
" People living more Southerly than Lowe's house who pay Tiixes 
" in that County, & liave always acknowledged themselves Inhabit- 
'* ants of Pennsylvania. 

" The Facts thin-'.-lore standing thus, it is Evident that the Magis- 
" trates had unquestionable Ri^hl to issue their Warrant, both in 
" Relation to the Persons and place; and therefore, in answer to that 
" part of Nour Lordship's Letter where you expect they s 'ould b6 
•' punished for the Abuse ol their Authority, I must further say, that 
*' these two are Gentlemen of such Integrity, Discretion and good 
" Abilities, that I have never yet had real Cause to think they siood 
" in need even of Admonition, and I hope your Lordship, uponcon- 
" sidering their Letter, will be so much of ihe same Opinion as plainly 
" to see they have been greatly misrepresented. 

" But upon one part of t le Letter from these Justices I must beg 
" leave to add, that there having been no Settlements, that we have 
" heard of, made on the West of Sasquehaimah, by Authority either 
" from Maryland or this Province, more northerly than Nottinuham 
" or thereabouts, till the«e unhappy late ones, yet some Vagiiints, 
" retiring from the Justice of one or other of these Governments, 
" had some times sheltered themselves there and became troubles(nne. 
" It was therefore agreed, as I am very credibly informed, between 
" my Predecessor and the Lieutenant Governor of Maryland, ahout 
" Eleven or twelve years since, that all such Settlements should be 
" discouraged by both Governments; yet being at Conestogoe on a 
" Treaty with our Indians in 1728, I found some kw had gone over 
" from our parts and sate down on the Lands Cressop and his Com- 
" pany, (as we now find.) have entred on, of which the Indians 
" then taking Notice to me, as a Breach of former Promises made 
" to them, I iirst made them sensible that their Settling there was 
" not with our Approbation, and then obliged all those People to 
" quitt their Settlements and return to this side of the River: and 
" the same Method we continued till Cressop came there, whose Be- 
" haviour soon drew many complaints against him. I considered 
" him at first as one of those Vagrants whom I have above described, 
" till finding by some Letters and other Papers sent me last Summer 
" by Mr. Ogle, that some large Surveys had lately been made there, 
" in parts that Maryland has never formerly, that we know, extended 
" their Claims to, (which considering the Agreement at London in 
" 1724, that to this time has been carefully observed on our part, 
" your Lordship must allow to have been most irregular,) I could 
" not but be of Opinion that as some Gentlemen of your Lords^'ip's 
" Province, who, casting an Eye on those Lands, now rendred more 
" valuable by the Neighbourhood of our Inhabitants, had attempted 
" so unjustifiable a Survey, it might suit their purposes to have Cres- 
" sop and some others of the like turbulent Dispositions settled there, 



513 MINUTES OF THE 

" to give some Countenance to their Claim ; but how far he or any 
" of his Associates are worthy of your Lordship's Regard, I shall 
•' leave to your Judgement, on a due Enquiry into their Conduct; in 
♦' the mean time I cannot forbear furnishing your Lordship with a 
" Copy of one of the Affidavits which more particularly relates to 
" yourself, and Contains what must be entirely discredited by those 
" who are acquainted with my Lord Baltimore's Character. 

" I am truly sorry that Misrepresentations of this late Affair have 
*' so far prevailed as to divert your Lordship from matters of higher 
*' moment, which on your Arrival in your Province must necessarily 
" Engage your Attention, and if in Cases of the like nature, your 
" Lordship has received any impressions to the Disadvantage of this 
" Government, (in which some, probably, may have a particular In- 
" terest,) I hope on a proper Enquiry, and in due time, they will 
*' be effectually removed ; for as 1 hinted in my former, I can assure 
*' your Lordship, that ever since I had the Honour to preside in this 
*' Government, I have been anxiously Sollicitous to compose those 
" Ruffles and Misunderstanding which the undivided State of the 
" two Provinces occasioned, lest these might begett animosities, and 
" create Quarrels between the Subjects of the same Crown, that 
" may in the end have (Consequences too obvious to be noted to a Per- 
*' son of your Lordship's Penetration, but 'tis Scarce to be expected 
" Contentions of this sort can so entirely cease as we could wish, till 
*' a Partition shall be actually made. 

" Thus My Lord, I have endeavoured to give you a satisfactory 
" Answer to your Letter, and if I cannot comt)ly with your Lord- 
" ship's demand of delivering up Inhabitants of this Province to be 
" tried in yours, for a supposed Riot, committed many Miles within 
*' the well known bounds of Pennsylvania, your Lordship will do 
" me the Justice to believe the same proceeds from a Sense of the 
" like Obligations on me, to protect His Majesty's Subjects in this 
" Province in their just Rights, with those your Lordship conceives 
" yourself under, for protecting such of them as are your Tenants. 
« I am, 

" My Lord, 

" Your Lordship's 
" Most obedient, humble Servt. 

" P. GORDON. 
-' P. S. 

" It gives me some concern that I am obliged to add to this, that 
" I have lately received an imperfect Account of a Scuffle that has 
" happened on the Borders of Kent County in this Government, and 
" Dorset in yours, occasioned by some of your Lordship's Officers 
" taking one Newton a Prisoner, and forcing him from his own 
" House : what I have been able to learn of this Affair, & my Sen- 
" timentsof it, your Lordship may perceive on perusal of the inclosed 



PROVINCIAL Council. 514 

" Copy of a Letter which I immediately dispatched to the Justices 
" of Kent County on the Subject." 
N. B. 
The foregoing Letter was dated 

" Philadelphia, January loth, 1732-3, and addressed thus : 
" To the Right Honourable, 
" The Lord Baltimore." 
E. 



At a Council held at Philadelphia, February 14th, 1732-3. 

PRESENT : 

The Honourable the Proprietary. 
The Lieutenant Governor. 

James Logan, Clement Plumsted, ") 

Isaac Norris, Thomas Laurence, lEsq'rs. 

Samuel Preston, Samuel Hasell. J 
Henry Brooke, 

The Minutes of the two preceeding Councils were read and ap- 
pro';ed. 

The Governor then informed the Board, that on the 3d instant he 
had received a Letter from the Lieutenant Governor of Maryland, 
inclosing one from the Lord Baltimore, by which it appears his Lord- 
ship, notwithstanding what had been wrote to him, continues to insist 
on the demand made in his former Letter, of delivering up those 
Persons concerned in the Execution of the Warrant issued against 
the Sons of John Lowe, living on the West Side of Sasquehannah. 
That the day before these Letters were brought to him, having by an 
unhappy fall so much disabled his right Arm that he could not 
write himself, ha had desired a Gentleman of this Board to write to 
Mr. Ogle, acknowledging the Receipt of the Letters, and mentioning 
the hurt which he (the Governor) had received, and that as soon as 
possible both Letters should receive an answer. 

The Governor proceeded to say, that the Importance of this Affair 
rendring it necessary to be well weighed & considered, he had di- 
rected the Council to be called together to advise therein. Then 
laying the said Letters before the Board, the same were read, and are 
as fo Howes : 

" Annapolis, January ye 24th, 1732-3. 

" Sir: 

" I am very much concerned that I am Obliged to give you far- 
** ther trouble on Account of the Riot committed by People claiming 



615 MINUTES OF THE 

'* under vour Government in this Province, and to obviate al! pre' 
" tence oC want of Knowledge of thie nature of tiie Offence, 1 have 
" directed Mr. Ogle to shew you Copys of I he Depositions, and to de- 
" mand in my Name the delivery of the Persons, to be delt with 
" according to Law. I desire Mr. Gordon will be assured no one 
" has a greater regard or Esteem for him than I have, and nothing 
" but the Protection of His Majesty's Subjects under My Govern- 
•' ment, will induce me to be farther importuning on a Subject you 
= ' thmk so disagreeable. 

" Your humble Servant, 

" Baltimore." 
♦» Newcastle, February 1st, 1732-3. 
" Sir: 

" His Lordship, upon the Receipt of your Letter of the 15th of 
" last Month, by the Conveyance of Mr. Georges, was pleased to 
" deliver me the inclosed, with directions to give it to yourself, and at 
" the same time acquaint you with what his Lordship still expects 
" and insists on from the Justice of your Government. 

" But as I hear we aie not likely to have the pleasure of seeing 
" you at Newcastle, 1 send this Express with the enclosed, and by it 
" yuu will perceive his Lordship once more demands the Delivery 
" up of the Rioters, to the Magistrates of his Province, and I am 
'• ordered to say, that his Lordship is the more ob iged to persevere 
" in wliat bis Lordship thinks is justly owing to his Government, by 
" the very manner in which you think fit to represent the affair in 
" your own Letter: the coming with Numbers, &in a violent manner 
*' forcing his Lordships Tenants before your Magistrates, are admitted, 
" and altho' you are pleased to distinguish his Lordship out of that 
" part of his Province, by an Agreement which is now under Agita- 
" tion, and which you seem to make the Execution of necessary, to 
" prevent further Disturbances on the Borders, his Lordship cannot 
" but be surprized to find your Magistrates are justified in issuing 
" Warrants for the apprehension of Persons in his Lordship's Pro- 
*' vince, before the Lines are run and Bounds Settled, which are 
" stipulated by the Articles, to be done under a pretence that proba- 
'* bly such place may fall within the Government of Pennsylvania 
'♦ when the Lines are run: if this is the Case, his Lordship thinks 
" it could not be so useful and necessary to name Commissioners, or 
" to run the Lines intended by the Articles, since every Magistrate 
«' may on their own head take upon them, tho' no Lines are run to 
" distinguish the Bounds, and each Government protect them. 

" His Lordship is satisfied none can conceive the Agreement to 
«' have any such effect before the Lines are run, and that yourself 
" are cimvinced of the weakness of that reason, sit ce, in your Let- 
«' ter of the 30th of December last, directed to the Justices of Kent 
" County on Delaware, a Copy of which you sent to his Lordship, 



PROVINCIAL COUNCIL. 516 

■" you very justly acquaint them that no Person who was first a 
" Tenant of his Lordship, should be allowed to change, till such 
" time as the running of the Division Lines shall fully determine un- 
" der which Government, for the future, they are to be ranged. 

" His Lordship would not willingly persuade himself, (unless 
" forced by a further protection of the Rioters,) that this transaction 
" was done rather to obstruct than facilitat-e the Execution of the 
" Agreement, since nothing seems to him to show a greater want of 
" the Candour enjoyned by the Articles, than approving the presump- 
" tion of Magistrates in issuing Warrants, and Boldness of Persons 
*' acting under those Warrants in an Affair intended to be accomO" 
''' dated by their Superiors in another manner, and yet such proce- 
" dure, instead of being disowned by your Government, is justified 
*' and urged, as necessary for the execution of the Agreement. 

" I have also herewith sent Copys of the Affidavits taken in his 
" Lordship's Province, in relation to tliat affair ; the substance of 
" them is much the same with those taken Notice of in your l^etter 
" to his Lordship, but aggravated with very probable Circumstances 
*' of Behaviour and Expressions, in such forward Rioters. 

" Having nothing further at present to trouble you with, but to 
*' repeat his Lordship's desire of having your immediate answer, by 
*' this Bearer, whether you will be pleased to order the delivery up 
*' of the Rioters complained of, to the Magistrates in Maryland, who 
** have Orders to receive them, 

'* I remain, Sir, 

" Your most humble Serv't, 

" SAM. OGLE." 

Addressed thus : 

♦' To the Honble Patrick Gordon, Esqr., 

" Governor of Pennsylvania." 

The Board exp«'essing their Surprize that the Lord Baltimore 
should, without taking the least Notice of what the Governor had 
wrote to him, think fitt to insist on his former Demands in so perempto- 
ry a manner, came to this unanimous Resolution, that for the Rea- 
sons contained in the said Letter, his Lordship's Demand is by no 
means to be complied with, and that the same should be signified to 
his Lordship, in very plain Terms. 

Whereupon, two several Draughts of a Letter in answer having 
been made, the same were communicated to the Board, who, ap- 
proving the Substance of both, but preferring the manner in which 
one of them was conceived, directions were given for taking such 
parts of each as best suited the sense of the Board. 

And accordingly, a Letter in these Words was drawn up, and 
signed by the Governors 

40 



517 MINUTES OF THE 

" My Lord: 

" Your Lordship's Letter of the 24th Ulto., under cover of one' 
•* from Mr. Ogle, and' accompatiied with the Copies of two Deposi- 
'• tioTis, came to my hands on the 3d Current, by the Bearer of which 
»•' I would have returned an Answer, if an unluck}'^ hurt 1 received 
»^ the day before, had not disabled me from attending to any Business. 
*' I aci:ount it an unhappiness that mine of the 15th of January has 
" been so far from satisfying your Lordship, that without taking the 
*^ least Notice of what I there represented, your Lordship should 
*' think fitt to insist on the Demand mentioned in your former Let- 
*' ter. If the Reasons already given for not complying therewith 
*' have not sufficient Weight with your Lordship, I am not able to 
** judge what others can be added in defence of &n Action which, in' 
" all its Circumstances, were it really Criminal, can only he cogni- 
" zable in Pennsylvania, the place where it was done ,• for it is abun- 
'* dantly evident that Lowe's Settlentjent, even without Regard tO' 
" the last Agreement, is many Miles within the known bounds of 
'* this Province, and clearly without the most extensive ever claimed 
*' to our Knowledge by Maryland. And since the R«galar Adminis- 
" tration of Justice and due Exercise of the Powers of Government 
" make it absolutely necessary that some Limits should at all times 
"be known and acknowledged, it is to be considered what Confu- 
" sioa must ensue, if these are to be varied and shifted, to support 
" every bold Intruder, who, tho' actually seated within one Province,. 
" may yett think fitt to call himself an Inhabitant of the other. 

" I shall forbear at present making some very obvious Remarks 
•' on the Depositions sent nie, and shall only say, that as I never had' 
" the least Inclination of any Abuse offered to Lowe, the Father, 
" when the Warrant was served on his two Sons, Daniel and WidiaHi, 
" for whom alone it was issued, your Lordship may be assured that 
" this Government will have so strict a Regard to do impartial Jus- 
" tice between all its Inhabitants, that John Lowe, (if the Case be 
" as he represents it,) on a proper Application, may deperid on being. 
'* redressed in due course of Law. 

" Tho' I have the Honour, my Lord, to be at the head of the Ad- 
*' ministration of this Province, yet as one of our Honourable Pro- 
" prietors is now here, I could not judge it proper, however clear the 
•^ present Case may be, to make any further Answer to your Lord- 
*' ship's Demand without first learning his Sentiments, and he has 
'" been pleased to lett me know, that tho' your Lordship thinks fitt 
" to take offence at the granting and executing a lawfull Warrant 
" within this Province, yet that the same is not a sufficient Reason to 
»' him for delivering up a Freeman of Pennsylvania, to be tried in 
" Maryid., for not knowing that the Proprietor of that Province 
'* would resent his doing the Duty of a Constable within his own 
" District. He was likewise pleased to add that he has the same 



PROVINCIAL COUNCIL. 518 

** ceiftainty that Lowe's Settlement, (the place where the supposed 
*' Wrong is said to be done,) is as unquestionably within the Pro- 
" vince of Pennsylvania, as your Lordship has of Elk River being 
" within that of Maryland ; that he knows this Province to be as 
" independent of Maryland as that is of Pennsylvania, and tho' 
" his Principles, and those of the greatest part of the Inhabit- 
" ants, allow of no force except that of the Civil Magistrates, yet 
" being protected by his Majesty's Wisdom and Justice, (upon which 
" he entirely relies for his Defence,) he apprehends no Danger from 
" the different Principles and Superior strength of Maryland. 

" I have it likewise in charge from him to represent to your Lord- 
" ship, that the time for running and marking the Lines, Limits and 
*' Bounds between the Province of Pennsylvania, Counties of New- 
'* castle, Kent §• Sussex on Delaware, and the Province of Maryland, 
" by the delay of your Lordship's Commissioners is far spent, and 
■" therefore, that your Lordship may, in such manner as you think 
" fitt, direct your Commissioners to proceed to the Execution of that 
*' part of the Articles yet remaining to be done, pursuant to the A- 
" greement concluded. 

" Having thus discharged myself of what I had in Command to 
" write to your Lordship, I am, on my own part, to return you my 
*' very humble thanks for the Personal Regard your Lordship is 
** pleased to express for me, and to assure your Lordship it shall be 
*' my Endeavour to merit the Continuance of it, by acting no part 
*' unbecoming of My Lord, 

' ' Your Lordship's most 

*' Obedient, humble Servant, 

"P. GORDON. 

This Letter was dated, 

" Philadelphia, February irth, 1732-2." 
And addressed thus : 

" To the Right Honourable, 

" The Lord Baltimore."" 

The Governor thought fitt likewise, to answer Mr. Ogle by a Let- 
ter in these Words : 

" Philadelphia, February 17th, 1732-3. 

" Sir : 

" Having said to my Lord Baltimore v/hat I apprehend to be suf- 
'' ficient, in answer to his Letter, and to that part of yours in which 
'* you, in his Name, demand the Delivery up of the Rioters, as you 
" call them, to the Magistrates of Maryland, I should gladly have 
*' spared you and myself the Trouble of entring further into the 
*' Dispute, were it not that you have been pleased to make me say 
•" and admi* what I think I have not, and am sure never intended. 



519 MINUTES OF THE 

" In your Letter it is said, that by the very manner in which I 
" have represented the Attair in mine of the 15th of January last, 
" to his Lordship, the coming with Numbers, and in a violent man- 
'• ner forcing his Lordship's Tenants before our Magistrates is ad- 
'♦ rnitted. and that upon this Admision his Lordship is the more 
" obliged to persevere in what he thinks is justly owing to his Gov- 
" ernment, vizt : the Delivery up of those you call the Rioters. To 
" tkis I must say, it requires a skill in distinguis'iing &, inferring, 
" to which I have ever been utterly a Stranger, to find out how the 
" saying that the Constable of Lancaster County, with such Assist- 
" ance as he thought proper to take with him, went and apprehended 
*' some notorious Disturbers of the Peace within our Government, 
" can be construed such an Admission. You seem also to make me 
*' apply the Articles of Agreement now in Agitation, to justify our 
" Magistrates in granting that Warrent against Lowe's Sons, which 
" was ever as far from my thoughts as the other. No Sir, the Foun- 
" dation on which that Warrant was granted, could be no other than 
'• the certain knowledo;eour Magistrates had that Lowe's Settlement 
" is within the indisputable bounds of Pennsylvania; they well 
" knew that it lies considerably more Northerly than Philadelphia, 
" and by common Computation thirty Miles above the Northern 
" Boundary of Maryland, Sett, as I am well informed by Charles, 
*' Lord Proprietor of that Province, about fifty years since, and not 
" long after the King's Grant for this Province, of the Bounds of 
" which he was not unsensible, and according to which our Jnhabit- 
" ants, for the greater part of that time, have had a continual Pos- 
*' session, and therein they would undoubtedly have proceeded as 
* they did, had the last Agreement never been entered into. Yet, 
•' as it was concluded, (and as such it is made no Secret here,) it 
" certainly could not have any such Effect as to discourage them 
•' from doing their Duty, when they saw clearly that even by the 
" plain and express Terms of that Agreement, the place of Lowe's 
" Settlements is several miles more Northerly than Philadelphia, 
*• fifteen miles below which the East and West Line, dividing the 
*' Provinces, when it is run must necessarily fall. 

" 'Tis very true I have said the running of these Lines, as stipu- 
" lated by the Articles, is necessary for preventing further Disturb- 
" ances, and putting an end to all controversies about Property as 
'* well as Government, between the two Provinces, and untill I am 
" better informed I must continue of the same Opinion. 1 am like- 
•' wise of Opinion, that the Point in which you say his Lordship is 
" so well satisfied, vizt : that the Agreement can have no Effect till 
*' the Lines are run, is not necessary now to be insisted on, because 
" our side of this Dispute can be very clearly supported, without 
*' having any recourse to that Agreement for Aid. 

" You further urge my Letter to our Justices of Kent, of the 9th 
" of January, (not of the 30th of December,) from whence you say 



PROVINCIAL COUNCIL. 520 

" I am convinced of the weakness of my own Argument. But in this 
" you mistake Equally as in the rest. An Agreement was entred 
" luto in 1724 at London, by the Proprietors on both Sides, as an 
'• Amicable Expedient for preventing all Disturbances between the 
*' two Governments, which according to their own Direction, was 
*' published by Proclamation, and tho' Limited to a Term, yet the sub- 
" sequent and last words of it carry its Equity to all future time, 
" so long as there was an Expectation of a Compleat Agreement, & 
" so it was understood by your Predecessors, and especially by that 
" Honourable Gentleman, Benedict Calvert, Esqr., who in the pre^- 
" ence of divers Persons ol Worth, agreed with me, both at Annap- 
*' oils and Philadelphia, that it ought and should be observed by both 
" Provinces as the best Expedient for the same good Purposes for 
" which it was intended. That is, We agreed that none should be 
" disturbed on either Side, who had been in possession in 1724, and 
" we mutually declared against Shifting of Landlords, as it has 
" been called. By the same Agreement of 1724, it is stipulated also, 
" that no Surveys should be made near the Limits on either side, which 
*' by our Land Office, as I understand, has been carefully observed. 
" Now how this pacifick Agreement and what ensued upon it, should 
*' be construed in favour of Surveys made in Breach of it, is what 
" surpasses my understanding; I am told, indeed, you were pleased 
" to declare when last at Newcastle, that the Land Office of Mary- 
*' land grants its Warrants at Large, and those who purchase them 
*' lay them at their own Risque, where they please, and no 
•" Man can call them to Account for so doing till the Division Lines 
" are run. The plain consequence of which Position is that every 
" Man who gets such a Warrant, has it in his Power to carry 
*' a part of Maryland where he pleases, and to scatter Pieces of it 
" all over Pennsylvania as he thinks fitt, and then, from only calling 
" himself the Lord Baltimore's Tenant, may committ the greatest 
" Irregularities on that Spott, without being accountable to any other 
^' Authority than that of his Lordship. 

" Bat my Care to have my Sentiments clearly understood having 
" carried me to a greater length than I intended, I shall only take 
" the Liberty to state the Case between Pennsylvania and Maryland 
*' as it appears to stand at present, and shall leave it to others to judge 
" which Government has acted the most Neighbourly part in Regard 
"' to the other. 

" Charles, Lord Baltimore, of his own Authority, about fifty years 
"' since, thought fitt to sett a Northern Limit to his own Province, 
" which for many years after was reputed the Boundary of Mary- 
" land, and no other has ever yet been made, that we know of, till 
" the late Agreement. Pennsylvania, to avoid differing with their 
" Neighbours, and in a continual Expectation of having the Bounds 
*' Settled by the joint Agreement of both Proprietors, (tho' they 



521 MINUTES OF THE 

" thought their Province broke in upon,) have constantly kept to the 
'■ Northward of those Bounds to this Day. Now a solemn Agree- 
" ment is concluded between the Proprietors, for dividing the two 
" Provinces by an East and West Line, which is expressed and 
*' directed, and in such Plain and clear Terms that it is evident it 
" must run fifteen Miles more to the Southward than Philadelphia is 
" scituated ; while the Execution of this Agreement is in Agitation, 
" Pennsylvania, or some of its Magistrates, find it necessary for 
" Preservation of the Peace, to call some Persons who live, accord- 
" ing to common Computation, thirty iVliles to the Northward of 
" the first Line run by Charles, Lord Baltimore, and several Miles 
" more Northerly than Philadelphia, to account for some great Mis- 
" demeanours; Maryland at the same time, thinks fitt to extend its 
" civil Authority all those thirty Miles beyond its former ancient 
" Boundary, and twenty Miles beyond where they may well know 
" the Line last agreed on must fall, and so much at least beyond 
" what they have been known to possess or claim before. Now, 
" Sir, upon this State of the Case, if I have not mistaken it, I could 
•' refer it to my Lord Baltimore himself who are the Agressors, and 
" whether it be possible for his Lordship to believe that Lowe's Af- 
" fair could be set on foot on our Side, to obstruct the Execution of 
" an Agreement upon which, be that how it will, it can have no in- 
" fluence. I am, 

" Sir, 

" Your most humble Servant, 

" P. GORDON." 
Addressed thus : 

" To the Honble Samuel Ogle, Esqr. 

" Lieutenant Governor of Maryland." 
E. 



February 23d. 

Before the two preceeding Letters were dispatched, an Express 
from Maryland brought another Letter from the Lord Baltimore, 
bearing date the 15th instant, which being communicated to the Hon- 
ourable the Proprietary, the Gentlemen of the Council, ^ to the 
Commissioners named on the part of this Province for executing 
the Agreement, an answer of this day's date was, on mature Con- 
sideration, returned to it. 

His Lordship's Letter is as follows : 

" Sir : 

" I am sorry I am obliged to be troublesome to you on another 



PROVINCIAL COUNCIL. 52^ 

*"■ Affair, if possi'ble of a more notorious nature than that which hath 
" been the Subject of our Letters, tho' you must give me leave to 
^' observe it is the first instance in His Majesty's Plantations, when 
^' Rioters and People levying War against any of His Subjects, have 
"' been denyed to be delivered up to the Government in which the Of- 
" fence was committed, on proper application, and such I make no 
^' djubt mine will appear to have been, in due time. 

" I herewith send you the Proofs of the Riot & Levying War, com- 
" mitted in the County of Dorset, together with the Copy of a Letter 
*' sent by the Justices of Kent County, not to «nter into a long 
■" Detail of a Fact so clear. I do demand the following Persons, 
" vizt: Robert Howard, James Mojisey, Samuel BrooJv, John Howard, 
♦' Arthur Steel, Robert Meredith, and one Mr. C^iamney, may be de- 
"■ livered up to the Sherif of Dorset County, to be dealt with accord- 
" ing to Law; ^' I hope Mr. Gordon will favour me with a Catego- 
" rical Answer, & as nothing is more acceptable to Our most Gracious 
" Sovereign, than that strict and Equal Justice shoidd be done to all 
" his Subjects, you will not deem me tenacious if I appear critic- 
^' ally nice in this point. 

" My Arrival in this Province afforded me an opportunity of taking 
" more than ordinary Care that my Commissioners, in complyance 
*' with the Method proposed between Messrs. Penn's«Si myself, should 
■" be very punctual m meeting the Commissioners of Pennsylvania, 
•^' at Newcastle, the first of this instant, pursuant to the adjournment 
" jointly made by the Commissioners on both Sides, the third of 
"" last November; for this Purpose I thought fiti to Nominate a new 
*' Commissioner, to supply the place of an infirm one, and for the 
■'' same reason my Commissioners, notwithstanding the unusual ex- 
"" tremity of the Present Season, and the distance of place, were so 
" assiduous in their Journeys as for some of them to arrive at New- 
"" castle many days, and all of them before the day appointed. This 
" Behaviour on our part, might justly challenge the same strict Ob- 
^' servance from the Commissioners of Pennsylvania. And 1 should 
" still have depended on their unwillingness of being guilty of any 
*' infraction, if on the sudden return of my Commissioners I bad not 
" been informed, that the Commissioners of Pennsylvania so little ob- 
" served the Adjournment made by the Commissioners on both sides, 
" of their meeting, at ten a Clock on Saturday, the third instant, in 
" the morning, pursuant to their accustomed way of proceeding, as 
" that not only one of them left the place of meeting abruptly, at 
"• the very instant my Commissioners desired to proceed on business, 
" of whereby there was not a sufficient Number present, but also that 
" the others, (tho' sent for, and repeated Declarations made hy my 
" Commissioners of breaking up the Meeting for their Non Atlend- 
" ance) seem'd willfully and obstinately to neglect attending that 
-=' morning, which ended the appointment made by the joitn Com- 



525 MINUTES OF THE 

^■^ missioners on Friday the second instant, in the afternoon I for- 
" bear to mention many other Circumstances, reported to me by my 
" Commissioners, and which too plainly shew'd a Design in the 
*' Commissioners of Pennsylvania, to violate the Measures Entred 
»» into in that particular. Was I P^nclineable to make the strict use 
*-' of this failure, nay, voluntary one, on the side of the Peiinsvlvania 
*■' Commissioners, I might not only disregard all farther Notice, but 
*' Entitle myself imniediately to the Forfeiture incurred by the fail- 
" ure of the Commissioners of Pennsylvania. But I think myself 
*■' not a little fortunate, by my being in my Province at this juncture, 
*' that I may have an Opportunity of doing in this Affair, what my 
'' Commissioners perhaps could not reconcile to themselves the lib- 
'' erty of, which is to recede in some measure from the advantage 1 
*"' may claim from the proceeding of the Commissioners of Pennsylva. 
»' Upon this Account [ am Willing, and now offer, and have according- 
" ly given Directions to my Commissioners that they should meet the 
*' Commissioners of Pennsylvania, on the first Munday in May next, 
" at the town of Joppa in Baltimore County, in the Province of Ma- 
" ryiand, But with this salvo of all the Right, Benefit, and advan- 
*' tage, I may Claim from the Non attendance or Failure of the 
" Pennsylvania Commissioners, on the third instant, in the mornings 
"according to the last Adjournment. 

" I think myself obliged to name the place at Joppa, not only 
♦' because my Commissioners have attended twice at Newcastle, but 
*' also by reason of a Behaviour of your Commissioners to some of 
" mine in Newcastle, which possibly without having the Command 
" over the Inhabitants, would never have been attempted, and to 
*' prevent any apprehension of the like Conduct from any Commis- 
*' sioners, 1 do assure you I shall give a strict Charge to the Con- 
'*■ trary. 

" Your humble Servt. 

'• BALTIMORE." 
E. 

Feb. the T5th, 1733. 

Addressed thus : 

" To the Honble. Patrick Gordon, Esq. 

" Gbverno? of Pennsylvania."" 

The Answer to which is in these Words i 

" My Lord : 

" On the 21st I received yours of the 15th instant, with a positive' 
«^' demand on me to deliver to the Sherif of Dorset County, seven 
'* Persons named therein charged by several Affidavits, accompanying 
'* your Letter, with a Riot committed by them in the said County, 
" within your Lordship's Province, and this you are pleased to call 



PROVINCIAL COUNCIL. 524 

" Levying of War, which is certainly a very hard term for a Res- 
" cue, as it appears at most to have been, and without any other View 
" than to bring back a Prisoner, whom those People supposed to have 
" been unjustly taken, and carried away from his own house. But 
" by what ever name it is called, I find it is the same action which 
" I mentioned with some Concern, in a Postcript to my Letter of the 
" 15th of January, inclosing a Copy of what I had wrote a few 
" days before, to our Justices of Kent County on the Subject, 
" by which Copy your Lordship could not but be convinced, how 
" highly Disagreeable to our Inclinations here that proceeding was, 
*' in every part of it, and how very far I am from countenancing any 
" measures that might give the least Occasion of just offence to our 
" Neighbours, with whom it has always been my care ^ study to 
*• live in friendship and cultivate a good Understanding. By the 
" same also, your Lordship might observe, I required those Justices 
" to transmitt to me an exact account of that Action, and every 
*' particular relating to it, and I have since received their answer, 
'• which is much short of what I expected. Yet in General, it rep- 
*' resents the whole Affair so exceedingly wide and different from 
" what the Aflidavits your Lordship has sent me render it, that on 
" the one Side or the other, there must be such gross mistakes, as that 
" the Accounts appear no way reconcileable. The Deponents in these 
" Affidavits, are indeed the complaining Parties themselves, who 
*' therefore, doubtless have aggravated the Story their utmost, and 
" those from whom our Justices could have the account of it might 
*' be as willing on the other hand to extenuate every Circumstance. 
" However, as I have always believed the doing of Justice to be 
" the Principal duty in Life amongst all Men, and that it is more 
" particularly Incumbent on those placed in the Station I am hon- 
" oured with, and as it is evident those Men have committed a gross 
" Mistake, I shall, without delay, give orders for apprehending them. 
" But as the whole of this has arisen from these unhappy Disputes, 
" too common amongst Borderers, where the People are apt to con- 
" ceive they have different Interests, and from thence are easily irri- 
" tated against Each other, I take it to be absolutely necessary that 
" proper Endeavours should be used to come as nearly as possible to 
" the exact truth of the Case, which in a Court of Either Govern- 
*' ment might not be so easily practicable; I therefore at the same 
*' time, give Directions to some of our Justices of Kent, to invite 
" some of yours of Dorset County, which I hope your Lordship 
•' will approve, to joyn with them in calling upon, and strictly ex- 
" aming on Oath or Affirmation, every Person whatever that can be 
" found, who can give any account of the proceedings, or any mat- 
'* ter relating to it, by which the whole Truth may be impartially 
" collected and Known, and then I doubt not but I shall be able, and 
" will endeavour to give your Lordship all the reasonable satisfac- 
" tion you can desire. 



525 MINUTES OF THE 

" This Affair, My Lord, I perceive by your Letter, appears very 
" heinous in your Eyes, and your Lordship saw that from the very 
*' first Notice I had of it, I was far from approving it. I am how- 
" ever pleased to find, 'tis the first instance of this Kind within my 
*' time, and as far as I can learn, before it, that any of our People 
*' have been charged with; for that other of which your Lordship 
'* so highly complains, I have fully shewn to be of a nature Entirely 
'* different. But on the other hand. I am well imformed, clear and 
** certain Proofs could Easily be had, of several very violent Acts 
" committed by those of Maryland, upon the People of this Govern- 
" ment, near the Borders, and of several who have been taken and 
*' long kept Prisoners ; not for any violent Act or attempt on their 
" parts, but solely on occasion of those perplexing Disputes about 
" the Boundaries, which your Lordship so fully determined by the late 
*' Agreement to put an End to, and yet our Conduct has been so 
" different that there has not, for the twenty years past, as I am well 
" assured, been one Instance of any Person of Maryland committed 
*' to Prison, or even held to Bail by this Government, on these Dis- 
*' putes, (for Lowe's affair I must say is out of the Case,) one VVher- 
" ry excepted, who being taken in a notorious Riot, was bound over 
*' to our Chester Court. Yet tho' the act was clear and indisputable, 
" he was very easily dismissed and without Charge, on no other 
*' Consideration, (for his Behaviour no way entitled him to it,) than 
" because the action arose on the foot of these Proprietary Differ- 
" ences between the two t^rovinces, for which favour he immediately 

after made the most ungratefuU returns. 

' ' To the other part of your Lordship's Letter, relating to our Com- 
" missioners for executing the late Agreement, I intended to answer, to- 
" gether with this, by the same bearer, for which reason he has been 
" the longer detained; but as that part not only affects our Honourable 
*' Proprietor, but all of us his Commissioners, and the extream bad 
" Roads and Weather, not allowing us to meet so early as might 
" otherwise be practicable, I am obliged to defer it till, pursuant to 
" a late Resolution, I can more fully and clearly give you their 
*' Sentiments, not Only on that part of your Lordship's Letter, but 
♦' on the whole Affair it relates to, which will be very soon dispatch- 
*' od by a Messenger on purpose. 

" Having some days since prepared Answers to your Lordship 
" of the 24th of January, & Mr. Ogle's from Newcastle, inclosing 
" it, which were to go by the first Opportunity, I now take this of 
" the same bearer, to forward them, and begging your Lordship's 



PROVINCIAL COUNCIL. 526 

" Excuse for my being still obliged to use another Hand, my own 
" being not yet sufficiently recovered. I remain, My Lord, 
" Your Lordship's 

" Most obedt. humble Servi. 

"P. GORDON." 
" Philadelphia, February 22, 1732-3, 

Addressed thus : 

" To the Right Honourable, 

" The Lord Baltimore." 
E. 

The following Letter was likewise wrote to the Justices of the 
County of Kent. 

" Philadelphia, February 26th, 1732-3. 

" Gentlemen : 

" In Answer to mine of the 9th Ulto., I received yours of the 16th 
" of the same, with your account, as it then came to your Knowledge, 
" of the Fray in Dorset County in Maryland, occasioned by some of 
" our Inhabitants too unadvisedly pursuing the under Sherifof Dorset 
*' and his Company, into their Government, since which I have very 
" lately received from the Lord Baltimore, a Letter of the 15th instant, 
" with Copies of divers Affidavits taken by his Order, and made by 
" his under Sherif and those who attended him, Which Affidavits 
'' Charge those who went out of your County, with a Behaviour very 
" widely different from the Account you have rendred to me of that 
" Action. Whereupon his Lordship has thought fitt to demand of me 
" that I would immediately order seven Persons, named in his Letter, 
" vizt: Robert Howard, James Monsey, Samuel Brook, John Howard, 
" Arthur Steel, Robert Meredith and one Mr. Chamney, to be deliverd 
" to the Sherif of Dorset, to be proceeded against according to Law. 

" But as on the one hand, I will not fail to see that the Govern- 
" ment of Maryland, or any particular Persons in it, shall have Jus- 
" tice done them for any Injury they may have suffered by the People 
'* of this Government, so on the other hand, I shall not be willing to 
*' deliver up any of our Inhabitants to be tryed in another Province, 
" untill it appear that the nature of the Case requires it. 

" In the mean time, it is evident on their part, they highly aggravate 
" what those from whom you have had your Account, may probably 
" have as much extenuated; therefore, in Order to have the whole truth 
" of the Fact in all its Circumstances, impartially collected and fully 
" known,I hereby direct you to invite some of the Magistrates of Dorset 
" County to join with you, and both in Maryland by their Authority, 
" and by yours in Kent, to examine and take the Depositions of every 
" credible Person whatsoever, that have any Knowledge of that Affair, 
" concerning the whole and every part of it, without any Partiality, 
*' Favour, or Resentment, that we may be the more fully Enabled to 



527 MINUTES OF THE 

♦' make a true Judgement, as well of the Action itself, as of the proper 
" and just Measures that are to be taken thereupon, and hereof fail not 
'* to return me a Minute and particular Account. At the same time 
** you are also to apprehend and take into Custody, those seven 
" Persons above named, and either committ them or oblige them to 
" find good Bail to appear at your next County Court, to answer to 
" such Matters as will be laid to their Charge for that Action. For, 
" as we have always till these unaccountable Broils were set on foot, 
" lived amicably in the main with our Neighbours, and have endeav- 
" oured to maintain Friendship and cultivate a good Understanding 
" with them, we ought in Regard to Justice, and that our Government 
*' may be unblameable, to take all legal and proper Measures to give 
" both that Government and all such Persons under it as have re- 
*' ceived an Injury from any of our Inhabitants, all the reasonable 
" satisfaction that the Case requires. 

" And that you may be the better informed of what the Government 
" of Maryland lays to those Persons' Charge, I herewith send you 
" Copies of the Depositions transmitted to me, and in Case the Magis- 
" trates of Dorset should, on your Application, decline, as 1 hope they 
" will not, to join with you in this fair and Equitable Enquiry, you 
" must nevertheless proceed in it;and in that case, should it sc happen, 
"you are still to be the more careful and Sollicitous that the whole 
" Truth without any byass be found out and represented, that there 
" may not be the least Room left to suspect any manner of Injustice or 
'' Partiality. As also, to make a return of your Proceedings herein 
*' with all the Dispatch that conveniently may be, to me here, who 
" am, 

" Gentlemen, 

" Your Loving Friend, 

" P. GORDON." 
E. 



At a Council held at Philadelphia, March 5th, 1732-3. 

PRESENT : 

The Honourable the Proprietary. 
The Lieutenant Governor. 

James Logan, Thomas Laurence, ? p • 

Henry Brooke, Ralph Assheton. ) m ' • 

Clement Plumsted, 

The Governor acquainted the Board that the Commissioners of 
the Peace for the respective Counties of this Province, and those of 
Newcastle, Kent &, Sussex, on Delaware, tested by him as deriving 



PROVINCIAL COUNCIL. 528 

his Authority from Springett Petin, Esquire, the Heir at Law, and 
Mistress Penn, the Executrix of our late Honourable Proprietor, being 
necessary in that Point to be altered, by Reason of the Demise of 
the said Heir at Law and Executrix, he had thought fitt to direct new 
Commissions to be issued to the same Persons now acting under the 
former, leaving out that part of the said Teste. But an Addition 
to the Commission of the Peace for the City and County of Philadel- 
phia being much wanted, he had appointed this meeting of the Board 
to consider thereof. And after some time spent thereon, the following 
Persons were named and agreed on, to witt : Isaac Norris, Clement 
Plumsted, Thomas Laurence, Samuel Hasell ; The Mayor of the 
City of Philadelphia for the time being; The Recorder of the City 
of Philadelphia for the time being ; Edward Farmer, Charles Read, 
Edward Roberts, Richd. Harrison, Derick Jansen, Owen Evan, Wil- 
liam Allen, George Boon, Thomas Griffitts, George Fitzwater, Rich- 
ard Martin, Lassey Bore, John Pawlin and Mordecai Lincoln, Es- 
quires. And their Names being accordingly inserted in a blank 
Commission, now before the Board, the same was signed by the 
Governor, ^ ordered to be forthwith sealed and delivered to the 
Clerk of the Peace. 
E. 



At a Council held at Philadelphia, March 19th, 1732-3 
presknt: 

The Honourable PATRICK GORDON, Esqr., Lieutenant Gover- 
nor. 

Isaac Norris, Ralph Assheton, ? p, 

Henry Brooke, Samuel Hasell. S ^^^"^'^^^• 

Clement Plumsted, 

The Governor acquainted the Board, that this being the day 
to which the Assembly of the Province stood adjourned, in order to 
enter on the Public Business of the Country, he had prepared a 
Draught of a Speech which he intended to make to them to morrow, 
and was now to desire the Opinion of the Board thereon, which be- 
ing read, was with a very small alteration, approved. 
E. 



March 20th. 

The Speaker, with the whole House, attending according to Order, 
the Governor spoke to them as follows : 



525 MlNtfTfiS OF THE 

" Mr. Speaker & Gentlemen : 

" As I have constantly hitherto, had Reason to express rrty Satis^ 
" faction in the good Disposition and Zeal of the Representatives of 
'' this Province, for the Peace and Pr'osperity of their Country, and 
•« no less in their Regard and Affection to me, I have not at this time on 
'• your Meeting pursuant to your last Adjournment, to proceed oil 
" publick Business, the least Cause to doubt of the like hearty Inclina* 
" tlons and firm Resolutions on your Parts, to pursue with Unanimity 
" and all reasonable Dispatch, the same good Ends. To the obtain- 
" ing whereof I shall, as I have ever done, contribute my sincerest 
♦' Endeavours, by which means we shall be mutually enabled the moSt 
•• effectually to secure the Tranquility and advance the true Honour & 
" Interest of the whole. 

*' And as I am now to lay before you such Heads as may call for 
" your serious Thoughts and Application, I shall first observe that 
" while Britain, our Mother Country, by the vigilant Care and Paternal 
" Affection of the best of Princes, Our most gracious Sovereign fully 
" enjoys the great Blessings of Peace and Plenty, yet divers of her 
" Colonies find themselves distressed by the lowness of the Markets 
" for the Staple Commodities, wherein their Trade consists. Nor are 
•' we in this Case happier than the rest. Whatever means therefore 
" can be found in any Measure to relieve us, you will doubtless be* 
" lieve it incumbent on them to apply them. Now, Tho' the good 
" Effects of the Regulations made some few years since, for retrieving 
" the Credit of our Flour, which had once been in the highest Reputa- 
" tion, were for some time after very visible, yet whether from a 
«' Defect in the Law itself, or Negligence in executing it, I find our 
'' Merchants again heavily complain of the discouraging Accounts 
'' they receive from their Factors abroad, of the Badness of the greater 
«' Part of it that has of late been Shiped from this Port, I hope there- 
" fore, to mention this is sufficient to induce you to make a further 
" suitable Provision for rendring effectual what was before so lauda- 
" bly intended. 

*' The frequent Shipwrecks in this Bay, occasioned chiefly, as 
»' 'tis said, by the Difficulty of its Navigation, have of late been the 
•• Subject of much Discourse. I find many are desirous, that accord' 
" ing to the Practice of other Countries in the like Cases, Buoys should 
«» be placed, to mark out the Channels, and Pilots appointed, under 
«' proper Qualifications. This, 'tis conceived, would tend to the secu- 
«' rity of our Shipping and Increase of our Trade, and the Charge, in 
" my Opinion, might easily be supported by a small rate, to be impo- 
" sed on every Vessell, acccording to her Tonnage. I cannot, 
"therefore, but join in likewise recommending a Proposal of this Na- 
" ture to your Consideration. 

" I hope it will be agreeable to you, Gentlemen, to know that the 
" Chiefs of the Six Nations and Shawanese Indians, having, pursuant 



PROVINCIAL COUNCIL. 330 

*♦ to the Invitation given them, visited us last Fall, we have entred into 
" further Treaties with them for strengthening that Friendship which 
*' has so long been preserved inviolable between them and us. And as 
"1 cannot doubt but you are fully sensible the Continuance of a per- 
*' feet good Understanding with the Indians, and our Endeavours to 
" improve it, contribute not only to our Security, but to the Advance- 
" mentof the British Interest in general, I perswade myself the Ex- 
" pence on this Occasion, tho' somewhat large, will be chearfully de- 
'' frayed, especially when 'tis considered that for some years before 
"the Publick has been at little, if any, Charge on these" Affairs. 

*' Gentlemen : 

" The Assembly of the preceeding year having at their last ses- 
♦•sion, had the Pleasure aC congratulating one of our Honourable 
»' Proprietors on his safe and long wished for Arrival amongst us, the 
" Inhabitants of this Province may now, 'tis hoped, be made sensible 
♦' of the happy Effects of his Visit, by the Establishment of Property 
•' not only to those who previously had any just Rights to claim, but 
•' also to others whose peaceable Behaviour may have recommended 
*' them to his Regard." 
E. 



March 22d. 

The House this day sent up to the Governor an Address in these 
Words : 

" TO THE HONBLE. PATRICK GORDON, ESQR. 
*' Lieut. Governor of the Province of Pennsylvania, &c. 

'^ THE ADDRESS of the Representatives of the Freemen of 
" the said Province in General Assembly mett; 

" May it please the Governor : 

" The Unanimity and good Agreement which has hitherto subsist^ 
•' ed between the Governor and the Representatives of this Province, 
•• we hope will still continue, and be a meains to promote the Publick 
•' Peace and Welfare of this Government. 

" At the same time we express our Satisfaction for the great 
•' Blessings of Peace and Plenty our Mother Country enjoys, under 
*' the Care and Vigilance of our Gracious Sovereign, King George, 
•' we beg leave to say, we are very sensible of the Difficulties we la- 
" hour under through the great fall of our Staple, occasioned chiefly 
"for want of Markets abroad, the British Islands not being able to 
** consume the Produce of this and the other British Northern Colo- 
*' nies; yet, as the Goodness of the Commodity will always recommend 
♦* it, we think it our Duty to apply our utmost Attention in consideringr 
♦* what the Governor has been pleased to lay before us on that Head^ 
** and in the best manner we are able, to search out sUch Remedies as 



531 MINUTES OF THE 

" may probably relieve us, by encouraging our Trade and promoting 
" a more advantageous Sale of our Country Produce in Foreign Mar- 
" kets. The Encouragement of Navigation we are sensible, is of 
♦' great Importance, and any difficulties that might interrupt or hinder 
" its Increase, call for our immediate Attention, but by what Inlovma- 
" tion we have hitherto received, the few Losses that have happened 
" appear to us rather to be owing to Misconduct than any uncommon 
" Difficulty or Danger in our Bay; Nevertheless, we shall not be 
" wanting m giving proper Encouragement to any Proposal that 
'* may render the same less hazardous. 

" The good Understanding which, by frequent Treaties, has been 
" maintained between the Six Nations and Shawanese Indians and this 
" Province, we cannot but think justly deserves out Acknowledge- 
" ment, for the continuing of which we shall chearfully discharge 
" what may be necessarily and reasonably disbursed for that End. 

" As the Arrival of one of our Honourable Proprietors has been 
"justly attended with the joyful! Congratulations of all Ranks of 
" People of this Province, so we hope his Presence here will be the 
" Means of confirming the legal Purchasers in the quiet Possession 
" of their Lands, and of encouraging the peaceable and industrious 
" Planter to settle among us. 

" Signed by Order of the House. 

" A. HAMILTON, Speaker,'* 
E. 



March 28th. 

The Justices of Kent County, pursuant to the Directions sent them, 
having some time since transmitted to the Governor an Account of 
their proceedings in the Enquiry touching the Fray that had hapned 
on the Borders of the County, and the Affidavits of many Persons 
who had been examined by them; The Commissioners for running 
the Lines, <^c., on the part of this Province, having likewise delivered 
to the Honourable the Proprietary, a Report of their Proceedings in 
February, which being communicated to the Governor, that he might 
be the better Enabled toanswer the latter part of the Lord Baliimnre's 
last Letter, A full Answer on both these Subjects was given his 
Lordship, by a Letter of this Day's date, in the terms following : 

" My Lord : 

" When I last had the Honour to write to your Lordship, I was 
" then in hopes I should have soon after been able to send your Lord- 
" ship a final Answer to yours of the 15th Ulto., but the fuHfilling 
" my Orders to the Justices of Kent, necessarily demanding a good 
'• deal of time, and afterwards being commanded by Our Honourable 



PROVINCIAL COUNCIL. 5S^ 

*' Proprietor, now here, to lay before our Commissioners that part 
•* of y<jur Lordship's Letter concerning their Conduct when last at 
" Newcastle, aed to hear what they should think fitt to say on the 
■*' Subject, I have been obliged to defer my answer much longer than 
♦' J expected, and your Loi^ship will give me Leave to say that the 
" several charges in your Letter, both against this Government in 
■" General and eur Commissioners in particular, make it unavoid- 
" ably necessary to trouble your Lordship with a longer Letter than 
•' may bo pleasing to you or agreeable to myself: But to be as brief 
•" as possible. In answer to the first part of your Lordship's Letter, 
*' I mist crave Leave to refer you to the inclosed Copys of the Let- 
■" ter from our ifustices of Kent to yours of Dorset, and of their An- 
*' swer, by which it will appear with what Candour ours proceeded 
" in taking the Depositions about the Squabble that happened be- 
<' tween some of our People and yours at Cooper's house, in Dorset, 
" of which your Lordship so highly complains. I have likewise 
■" sent inclosed to your Lordship Copies of the Depositions of several 
" Persons taken upon that Occasion, amongst whom are some who 
" call themselves your Lordship's tenants, and others who were no 
« Parties in the Fray, and who must be supposed, being Persons 
*' unconcerned, the most likely to speak truth. These Affidavits, 
■" My iiord. were taken at different times and before different Magis- 
♦' trates. and some of them in the presence of the High Sherif of 
*' Dorset County, and one Mr. Eniialls, who, tho' much importuned, 
" could not be prevailed upon to stay and hear the whole. But I 
•" hope ihi^y are taken, I am sure it was my Orders, with all due 
*' Im|);iriiality, between which and those sent by your Lordship, 
<' there is this manifest Difference, that three of these last are Emit- 
** ted by Persons of the same Name, Sullivan, in all likely hood 
•" Brothers, and who, with the other two that have likewise deposed, 
■«' weiv all Parties, and seem to shew a very high Resentment on 
*' their biding beaten. Upon summing up the whole your Lordship 
*' will observe the facts stand thus: 

" That the Land on which Newton was seated had been Surveyed 
•" under this Governiinent sixteen years before this Fray; that the 
<' Possessors for many years paid their Levies to the same; that the 
*' shiliingof Landlords, which on both sides has been disapproved, was 
*' from iiurs to yours, to the wrong of this Government; that the last 
•" Possessor discovering on a search for his Title, that he could claim 
■" none from Maryland, found it necessary for supporting his Right 
*' to own the Government by whose Authority it had been Survey- 
*' ed. because otherwise he would have none at all, and for this 
" Reason concluded he had no Concern with Maryland nor Mary- 
■" land with him. that he defended himself upon his Plantation, and 
*' beli<'ved he had cowinced the Othcer of Maryland that he had 
*' good Right so to do; that being afterwards carried by force out of 

^ 41 



^33 MLNUTES OF THE 

*' it, and the Neighborhood having been treated with great contempg, 
" insulted and bravoed by those of Maryland, who took him away, 
*' some hott lellows pursued the Challengers of their County, resolv- 
" ing to have their Manhood tryed on both side^s, but without any 
" manner of Arms; made no Demand to have Newton, nor so much 
" as saw him ; Entered not Cooper's house without his Leave first 
•' freely granted ; received the first blows, and only returned them 
" till they had taken what they thought Satislaction. 

" Now my Lord, tho' I am far from courjtenancing boxing 
" Matches, even upon the greatest Provocations, and your Lord' 
" ship is sensible from the Copy of my Letter to our Justices, now 
" in your Lordship's hands, how absolutely we disapprove of all 
" such Proceedings ; yet I hope it will not be expected, because 
" your Lordship has thought fitt to call this scuffle by the name of 
" a Riot, or a Levying of War upon His Majestys Subjects, (which, 
" if it can mean any thing, must be High Treason,) that therefore 1 
" must allow it to be so, and in Consequence of that deliver up those 
" heedless fellows, who had neither Riots or Treason in their heads, 
'• to be tryed for their Lives in Maryland. No, my Lord, 1 rather 
" believe your Lordship will approve of my following your own 
" Example as far as 1 am capable, of being as critically nice in 
" point of Justice to His Majesty's Subjects under my Care as your 
'< Lordship is of the Proteciion of those under yours. And tho' I can- 
" not help being of Opinion that this Affair, at another time, would 
" not havf' been much regarded by the Government of Maryland, 
*' yet as things seem to be circumstanced at present, it is not very 
" likely that your Lordship will allow this Government to be Im- 
" partial Judges in the matter, nor that we should believe, after such 
•' Resentments shewn by your Lordship, that Maryland will be so. 
" Now, as pursuant to my Order to the Justices, these Men are taken 
" up and bound over to appear, if your Lordship will think fitt to joyn 
" with nie in a fair and candid Representation of the Case to our 
" Supervisors at Home, where it will be more indifferently judged 
" of, I am persuaded nothing can prove more acceptable to His 
" Sacred Majesty, or be f^)und more consistent with strict and Equal 
" Justice ; therefore this Proposal, as it is both reasonable and hon- 
" ourable, cannot fail of giving your Lordship Entire Satisfaction. 

" But pardon me, my Lord, if I cannot here avoid mentioning 
" a very unpleasant Circumstance attending this Affair, which is, 
" that it must appear exceeding strange to all indif?erent Persons to 
" find that after Newton having been suffered by the Magistrates of 
" Dorset to pay his Levies to this (rovernment for several years, 
" if I mistake not, the rime chosen for seizing and making him a 
" Prisoner should be just upon or very soon after your Lordship's 
" Arrival, when all Men might most reasonably expect from the 
" solemn and pacifick Agreement between your Lordship and our 

Proprietors, then with all speed to be executed, a final Period was- 



PROVINCIAL COUNCIL. 534 

** lo be putt to all such unnatural Differenctjs. The like observa- 
*' tion also holds on the Countenance given to those heinous and 
" insuflerable Insults and Abuses committed above Conestogoe, on 
" the West Side of Sasquehannah, in a ^place that neither is, was, 
*' or ever can be within Maryland. These, My Lord, are Points 
" that must either have been managed without your Lordship's 
" Knowledge, or otherwise must have a tendency to something time 
" only can explain. This Government and yours, my Lord, have 
" been Neighbors these fifty years past, they are the two most con- 
" siderable Proprietary Governments in the British Dominions, and 
" they ought, undoubtedly, for many Reasons, to maintain a friendly 
" and mutual good Understanding with each other. We have labor- 
" ed for this on our Side by all the just and reasonable Measures in 
" our Power, why the contrary should now break out on your part, 
" just on your Lordship's Arrival, is what will, I believe, appear 
" astonishing to all lovers of Peace and of impartial Justice. 

" But to proceed to the other part of your Lordship's Letter re- 
" lating to the Conduct of our Commissioners when last at New- 
" castle, especially where you are pleased to say that they have, in 
'* divers Circumstances, too plainly shewn a design to Violate the 
" Measures entred into in that particular, and taxing them with a 
" misbehaviour to your Lordship's Commissioners at Newcastle. 

'• This indeed, my Lord, is a very strange Charge on Men who 
" liave at other times been represented as exceeding fond of the 
" late Agreement between your Lordship and our Proprietors, and 
" abundantly proves what we could formerly very easily guess at 
*' from our first mesting your Commissioners, who then, as at other 
" times since, would never allow any besides the Commissioners 
" themselves to be present, and obstinately refused the admission of 
" Clerks to take Minutes of our joint Proceedings, which if taken, 
" would eflectually have prevented such Misrepresentations as must 
" have produced Jiat Letter ; wherein you are likewise pleased to 
" say that our Commissioners wilfully and obstinately neglected to 
" meet yours on the third of February, pursuant to the Adjournment 
*' on the Second. But to this, as well as the other Charges against 
" our Commissioners, I think it will be most proper to give your 
" Lordship for Answer a brief Extract of the principal facts con- 
" tained in their Report to our Proprietor, after their return fron 
" Newcastle, which are these : — 

" That on the first day of February the Commissioners on both 
♦' sides mett at Newcastle, and agreed to meet again next Morning 
" at ten o'clock, in a Chamber of the Court House ; that our Com- 
" missioners waited for yours above an hour after that time without 
*' any Complaint or Signs of Uneasiness, that your Lordship's Com- 
" sioiiers renewed their former Objection about the Center of the 
*' Circle mentioned in the Articles, and tho' they had obtain'd of 
" ours an Adjournment of three Months, on purpose to Consult your 



^5 MINUTES OF THE 

" Lordship (your Arrival being then daily expected) about fixing th& 
**■ Center, as they pretended, yet after all this delay, when ours ex- 
" pected that yours had been fully directed in that point, they de- 
" clared that your Lordship having delegated your Power to then* 
»' by your Commission, would not iiitertere in their proceedings ; 
** That both in the forenoon and> afternoon of the name day, a very 
♦' extraordinary matter was offered by those of Maryland, that re- 
'• quired, as 'twas said, some Consultation with Artists, upon whicb 
" an Adjournment being proposed, the hour»of ten an4 Eleven next 
*' morning were named; our Comniissioneis understood Eleven was 
" the hour concluded on, and had the good' Fortune to be confirmed 
*' in it by some of y(»urs, but as they must have No Minutes, Each 
" it seems was left to his Liberty to hear or und'erstand as he 
"' pleased. Tliat our Commissioners hearing about Eleven on Sat- 
" urday morning, that yours were gone to the Court House, three 
" of ours hastned thither, while the other two, of whom one was- 
" then much indisposed by the Gout, were detained in finishing and 
" geting Copies transcribed of a Paper to be d'eliveied ta your Com- 
" missioners, in answer to the objection started; that one of our three 
" being called out to deliver a Paper, was desired to go and press 
*' the other two to dispatch, the better to do which he staid with 
*' them. During this stay, which they all agree was less than an 
*' hour, those repeated declarations made by your Commissioners 
" of bfeaking up the Meeting for the Non-attendance of ours, as 
" your Letter says, must have been intended, which if so made^ 
" were certainly unkind and ungenerous, Since it was neither 
" through slight to your Lordship's Commissioners or Disregard to 
" the Business, but pure respect to both, with an ardent desire to 
" do Justice to Reason and truth, that prevented them of the Pleasure 
" of waiting on yours Earlier. But my Lord, whatever Declarations 
" of this Nature might pass between your Lordship's Commissi( ners 
•' themselves, I cannot find by the two Gentlemen who were left 
" at the Court House, vizt: Messrs. Norris and Preston, whose Char- 
*' acters are veil known in Maryland, that any such Declarations 
** were made to them, further than that Mr. Ogle appeared impiitienfy 
" and said he would not stay, whicb your Lordship, in your Candour 
" will doubtless own, differs vastly from breaking up the meeting in 
" the acceptation such words are always used. 

" But, my Lord, in the Representations made to you before writing 
" that lietter. we must conclude that you could not have then learn'"t 
'< that immediately on your Commissioners leaving the Court House 
" ours applyed to them to return, urging that a good deal of Busi- 
" ness might still be done before dinner; that tho' your Commission- 
" ers absolutely refused to meet on business, yet those on both sides. 
" except the Gentleman that was indisposed, dined sociably together; 
" that ours were so exceedmg nice in their Behaviour to yours, then 
*' their Guests, that they did not mention one Word of what had 



PROVINCIAL COUNCIL. 5^ 

** passed, nor so tnuch as touched upon their Business, Yet that 
■" alter parting they were so mindlliU of it as to apply again to yours 
" for a meeting, but your Lordship's Commissioners insisting that 
" the)' could not answer it to your Lordship to give up any advan- 
•" tage gained by the pretended failure ; and then dispersing them- 
" selves about the Town, as it were by design, Ours were obliged 
" to give them Notice, both by word and writing, to meet at the 
"' Courthouse at six o'clock in the Evening, which being wholly 
*' disregarded, our Commissioners again agreed to give new Notices 
^' to meet on Monday' following, and tbo' access was denied to some 
♦* of your Lordship's Commissioners, Yet means were found to 
" serve three of them therewith, which they still continued so far 
" to Disregard that they all left Newcastle on Sunday & returned to 
" Maryland. Now as all these. My Lord, are real Facts, and Facts 
" your Lordship knows are obstinate tilings, My Respect for your 
^' Lordship will not allow me to give you the uneasiness t*hat would 
*' arise on collating these with the several Expressions in your Lord- 
" s'hip''s Letter, for you must then be sensible of the Inconsistency 
•" there is between a aeal in your Commissioners hastning to New- 
*' castle some days before they could, by the last Adjournn>ent, have 
" any Business there, and their precipitant haste in leaving it whera 
" the Business of their Commissioners was actually treating, a/nd 
•" our Commissioners very diligently applying to it. You would 
^' further, also see what foundation your Lordship has to intitle 
•*' yourself to the forfeiture incurred, as your Letter says, by the 
^' Commissioners of Pennsyk'ania, for wc Conceive it is not possible 
" that your Lordship should not well know, or that you will imagine 
*' we do not know, that no failure of an hour or two or three in meet- 
" ing the same day, can possibly incur the Forfeiture of a Penalty laid 
^' in any such terms as that mentioned in the Articles is expressed 
" in, so that it may be easily discerned whose Commissioners they 
" are who, in divers Circumstances., have so plainly Shewn a design 
** to Violate the Measures entred into in that particular. 

" As to the meeting proposed by your Lordship at Joppa, which 
" after a good deal of Enquiry, we are informed is a village of two 
*' or three houses, Scituate on the West Side of Chesopeak Bay, and 
" about Sixty or Seventy Miles distant from Newcastle, which last 
*' place, both by the Articles of Agreement and the Consent of your 
•' own Commissioners, is allowed to be the only proper one for be- 
** gining the Work, Our Commissioners would have been glad to 
" have been told Seriously by your Lordship what Business they 
" can possibly have to do at loppa ; they conceive they can have 
" none that will call them within many Miles of it ; and further add, 
*' that having always behaved themselves towards your Lordship's 
" Commissioners with the greatest civility, even from a Personal 
" Regard for several of these worthy Gentlemen, they must consider 
•*' your Lordship's Insjiirtjations of some things being attempted by 



537 MINUTES OF THE 

" them upon your Commii-'sioners, as a piece of Ridicule only. — 
" Upon the whole my Lord, Our Commissioners being of Opinion 
'• that your Lordship has no Power to appoint a meetmg, but that 
*' this is wholly lodged in the Commissioners ; and being conscious 
'* to themselves that they accepted their Commission with a firm 
" Resolution on their parts to execute it with all the fairness, Can- 
" dour and Dispatch enjoyned by li-e Articles, and with all decent 
" Respect towards your Commissioners, have as a further Proof of 
" the Sincerity of their Intentions, (tho' by the great delays given by 
" your Commissioners the proper Season of the year tor running 
" Lines, &c. in the woods is far advanced,) sent your Lordship's 
" Commissioners Notice to meet on the 16ih of April ensuing, at the 
" Town of Newcastle, the place appointed, and where alone we can 
" begin to run the Circle mentioned in the Articles of Agreement. 
"-I am. My Lard, 

" Your Lordship's most 

" Obedient humble Servant, 

" P. GORDON. 
" Philadelphia, March :<58th, 1734.'^ 
Addressed thus: 

" To the Right Honourable 
" The^Lord Baltimore." 

E. 



SHEKALLAMY, with Chowngharisa.Tachnichtorous and'Toutas- 
ariaga, coming to town on Saturday last, apply'd lo the Governor 
(the Proprietor being then absent,) and acquainted him that he was 
charged with a Message to be delivered to the Proprietor. Governor 
and Council, and desired they might be dispatclied as soon as pos- 
sible. 

The Proprietor returning to Town next day, 

A Council was held at Philadelphia, June 18th, 1735. 

PRESENT : 

The Honourable THOMAS PENN, Esqr., Proprietary. 

The Honourable PATRICK GORDON, Esqr., Lt. Governor. 

Isaac Norris, o i i * u * -> 

c in Ralph Assheton, } ^ 

Samuel Preston, c< i o u } Lsquires. 

^, , ni .J Samuel Haseli. S ^ 

Clement Plumsted, -^ 

Shekallamy, with his Companions, being come, The Proprietor 
told him he was now ready to receive his Message; which by Con- 
rad Weyser, the Interpreter, was delivered thus : 



PROVINCIAL COUNCIL. 538 

That the Reason of his coming at this time proceeds from this, that 
■in the late Treaties of Friendship that have been held with the Indians, 
■one chief Article is, that if either they or \\c heard any ill News, Care 
should be taken to maiie it known to each other. 

That two days before he left home, which is now seven days since, 
a Messenger c ime to him from the Ganawese Indians, who live be- 
tween Pextan and Conestogoe, with an Account that they understood 
the Governor of Virginia was about to send a party of Armed Men 
•amongst them to cutt them off", for a Murder committed in Virginia; 
and therefore, requesting the Assistance of all the other Indians to 
defend them against their enemies. But as he cannot believe that 
the Governor of Virginia would make War on these Indians without 
acquainting this Government with it, he is now come here to inform 
his Brethren of this matter, and to know of them what they have 
heard of it. 

That last Winter, an Indian who lives in his Neighbourhood, 
named Kutarioni^;cha, who is married to one Margaret, a Daughter 
of Mrs. Montour, came to him and asked whether he had not heard 
that thi' white Men designed to cutt off the Indians, he answered 
he had not ; that on the contrary they had lately held Treaties, by 
which the Friendship and good Understanding between the white 
People and them was more firmly Established. The Indian replyed 
that the friendship of the white People was from the Mouth only 
and not from the Heart. That She'kallamy then asked him how he 
■came to know this. lie said it came to him under the Ground, 
i( meaning pri/itely) and added, that the Proprietor of Pennsylvania, 
■Onas, whom they accounted their good friend, would have a chief 
tiand in their Destruction. 

Shekallamy being asked what he thought of this last peice of 
News, said that he thought the Story came from under th^' Ground 
of their own houses ; that is, that it arose entirely amongst them- 
selves. 

Being asked if he had any thing further to add on the Murder 
said to be committed in Virginia, he said he had not. 

He then proceeded to say: 

That this Spring a white man came to Pextanff from the South, 
and said that War was proclaimed by the white People living there 
against the Indians, and asked whether there was not yet any Ap- 
pearances of War here'/ 

Being asked if he himself saw this white Man or had the Account 
■only from the Ganawese, he said he believed it came from these 
People. 

He said he must now complain of Peter Cheaver, an Indian 
Trader. 

That some of the Six nations, who were lately here, having taken 
away an old Canoe belonging to that Trader, he came to him and 



S39 MINUTES OF THE 

asked if these Indians had taken away that Canoe by his (She- 
kallamy's) Order ; he said he knew nothing of it. That Chraver 
then told iiim thai those Indians are a parcel of idle, cheating fel- 
lows, that came without any Authority from their People; that they 
were not Chiefs, but loose fellows picked up from all parts; that the 
present given them was in Efiect no other than robbing the Govern- 
mnentof so much money, and that if they had been sent down with 
a proper Authority they would have brought a larger Present thani 
two or three Skins. This Shekallamy said he must resent, as know- 
ing that they were true and good men, whom by order ©f this Gov- 
ernment he was sent to invite thither. 

That since the Indian Trader* were prohibited to bring Rwm 
amongst the Indians, Peter Cheaver, beyond all others, has brought 
it in very large Quantities, and gives out that he will not regard 
the Orders of the Government on this head. That his Behaviour 
is such as gives just Apprehensions, some Mischiefs may happen 
if he is not called away from these parts. That formerly an Order 
was given to the Indians to stave Rum brought amongst them, but 
Cheaver threatens any Indian that shall offer to touch with his; that 
It is to be feared he may either kill an Indian or some Indian him. 
That Cheaver intends this Summer to go to Allegheny, conttary to 
what was agreed upon between this Government and the Six Na- 
tions last Fall, and by this means it will prove more difficult to bring 
the Indians from that part of the Country. 

Shekallamy was desired to open himself freely about the Murder 
said to be committed in Virginia, and to tell his whole knowledge of 
that matter and his thoughts on it, that thereby the Affair may be the 
more truly judged of 

He said, in answer, that he can scarcely tell what to think of rt; 
he was first told that the Ganawese had killed two white Men, he 
has since heard that Report contradicted; that one of the young 
men now with him, having been lately to the Southward, informs 
that there appeared some Traces of the Ganawese Indians on the 
Bordfers of Virginia. That these Indians have brought home some 
Scalps with them, which they say are of Indians, but he has not 
seen them ; if he had, he could tell whether they were of Indians or 
white People ; that he could say no more on this head, and had now 
nothing further to add. 

He was told that what he had said should be considered, and they 
should be sent for to-morrow to receive an Answer. 



June 19th. 

A Council having been Summoned to meet this forenoon, the 
Messenger reported that several of the Members bad desired to be 



PROVINCIAL COUNCIL. 540 

excused because of unavoidable Business ; so that James Logan & 
Clement Plumsted, Ksquires, only, attended the Honourable the Pro- 
prietor &■ His Honour the Governor ; who having consulted together 
on what had been delivered yesterday by Shekallamy, the Indians 
were sent for, and by the Interpreter told as follows: 

That this Government is very sorry that the Treatment which it 
has always used, and the Regard it has always shown towards the 
Indians, have not been sufficient to prevent them from giving out 
such false Reports as those which have now been brought of ill De- 
signs of the white People against the Indians; that surely they cannot 
be credited, that no good Man can believe them. 

They must be evil People who have spread such Reports, and we 
are afraid these Poople who have raised them have some particular 
Design in so doing ; and therefore, as they have Endeavored to im- 
pose them on others. It will become the Indians themselves to make 
Enquiry into them and discover the Authors of these Falsehoods. 

That we have cleared the Road between this Place and the Six 
Nations, and have removed Every thing that may Encumber it. — 
That those must be accounted wicked People who would now at- 
tempt to stop it up. 

That as these Reports appear to have come from the Ganawese, 
it is to be feared they have not behaved themselves well; that it will 
be necessary that Shekallamy, and the others with him, should go 
amongst these People and Enquire into these matters, and what they 
have been doing on the Borders of Virginia. That if one English 
man kills another he is punished for it, if he kills an Indian he is 
also punished ; and therefore, if the Indians offend against the white 
Men they must likewise suffer for it. 

That the doing of exact Justice is the foundation upon which all 
Governments Subsist ; by it our treaties and Chains of Friendship 
have been kept bright and strong, and that these may not be weak- 
ned, it will be incumbent in the present Case, that some Persons 
should forthwith go among the Ganawese and make the strictest 
Enquiry possible into what has hapned, and send a true and faith- 
full Report of the whole. 

Shekallamy said that our Words were good <fc reasonable, that 
Justice ought to be impartially done, and he would undertake to go 
amongst the Ganawese and make the Enquiry, as had been desired. 

They were then told that in the afternoon they should be spoke to 
on the other Points of what they had delivered. 

At which time the Proprietor, with the Governor & James Logan, 
Esquire, being mett, & Shekallamy with the Indians being come. 

The Proprietor asked Shekallamy what he had resolved on touchj 
ing the Journey to the Ganawese, which he had this morning under- 
taken to perform. 



541 MINUTES OF THE 

He answered, that he believed it would be most proper for him 
first to go to his own home and take some People from thence with 
him; that if he should go from Philadelphia directly amongst these 
Indians, he might probably find them more Reserved ; that having 
finished his Enquiry, he vyill go to Conrad Weyser, at Tulpahockin, 
and either relate it to him to be sent down hither in writing, or if it 
should be found to be of Consequence he will come hither and de- 
liver it himself. 

As to Shekallamy's Complaint against Cheaver, they were told : 

That we understand he is gone to Allegheny, from whence he 
may be expected to return in two Months; we shall then take Care 
to deal with him for the Offence he has given. 

Shekallamy is our good friend, and we expect he will endeavour 
to live in good Understanding with all our People, and Care shall be 
taken on our parts that no Person shall offend him without feeling 
our Displeasure. 

Shekallamy then asked whether the Proprietor had heard of a 
Letter which he and Sassoonan sent to John Harris, to desire him 
to desist from making a Plantation at the Mouth of Choniata, where 
Harris has built a House and is clearing fields. 

They were told that Harris had only built that house for carrying 
on his trade; that his Plantation, on which he has houses, Barns, 
&c. at Pextang, is his place of dwelling, and its not to be supposed 
he will remove from thence ; that he has no Warrant or Order for 
making a Settlement at Choniata. 

Shekallamy said that tho' Harris may have built a House tor the 
conveniency of his trade, yet he ought not to clear fields. 

To this it was answered, that Harris had probably cleared as 
much Land only as would be sufficient to raise Corn for his horses. 
Shekallamy said he had no 111 will to John Harris, it is not his Cus- 
tom to bear any Man 111 will, but he is afraid that the Warriours of 
the Six Nations, when they pass that way, may take it ill to see a 
Settlement made on Lands which they have always desired to be 
kept free from any Persons settling on. He was told in answer that 
Care should be taken to give the necessary Orders m it. 

Upon Shekallamy's Application, an Order was given him for 8 
bushells of Wheat ground ; there was likewise Ordered to be given 
to him and his Companions for their Journey home, 4 pounds Pow- 
der, 8 pounds Lead, 2 Gallons Rum, 14 pounds Bread, 6 pounds 
tobacco and a dozen of Pipes. 

E. 



PROVINCIAL COUNCIL. 542 

A Chief of the Ganavvese Indians with some others of that Nation, 
coming to town and applying to the Honourable the Proprietary to 
be heard, 

A Council was held at Philadelphia, Augt. 6th, 1733. 

PRESENT : 

The Honourable THOMAS PENN, Esqr., Proprietary. 

The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 

Clement Plumsted & Ralph Assheton, Esquires. 

PRESENT ALSO : 

ULLALOES, a Chief of the Ganavvese Indians, with four others 
of that Nation, vizt: Mexahachtay, PEYOiirxAs, Wa\pe\ &Ma[E- 

MOT. 

Ullaloes produced a Letter wrote at the desire of all of their Na- 
tion, by James Milcholl of Donnegal, signifying the Concern they 
are under that any of their Nation should be charged with killing 
any white People, and declaring their Innocence of the matter. 

And then by the Interpreter said : 

That a Cew Months since a Report was spread amongst them that 
the white People had charged some of theirs with the killing of two 
English Men; that they are sorry &; ashamed that such a Report 
should be spread, for none of their People have done any such thing; 
that whenever their young Men go to War they are very careful to 
give them the strictest Caution not to hurt the English. 

That last Winter when their young Men returned from War they 
brought with them the Scalps of two Indians they had killed, and 
gave Account that they had killed a third, but his body was taken 
away by his friends, so that they could not get his Scalp. 

That the white People who live in their Neighbourhood have told 
them that the Governor of Virginia intends to come against them 
with a hundred Men to revenge the Death of those who are killed 
and supposed to be white People, and that the two young Men of 
their Nation must be delivered up. 

They were asked where their young men had killed those Indians, 
and of what Nation they were ? 

They answered that it was done on the forks of a River lying to 
the Southward of James River, in Virginia, and that the Indians 
were of the Tootelaes ; that they have seen the Scalps and know 
them to be of Indians, and are now to be seen in their Indian town. 

Then delivering some strings of Wampum. 

They add that they are extreamly concerned that any Suspicion 
should be entertained of them as if they had done any Injury to the 
white People, whom they look upon as themselves ; t at they and 
the English are as one Heart, one Body, and one Person ; therefore, 
to do hurt to the white People would be doing hurt to themselves. 



543 MINUTES OF THE 

They were told that it could not but give us great Concern to hear 
sucli Reports; that we were extreanily carefull to do them Justice 
and to preserve a good Understanding with them, and we hope they 
will be equally careluU on their parts. That we are well pleased 
with their coming hither to satisfy us, and if they are Innocent, as 
by what they have said we hope they are, they have no need to fear 
any Resentment or to be under the least Apprehension, but if it 
should prove otherwise. Justice must be done upon the Guilty 
Persons. 

That those People who live near them and give them so much 
Uneasiness by the Reports they have spread of the Governor of 
Virginia coming against them, have no foundation for what they 
Bay ; they know nothing of the matter, and are not to be credited. 
If the Indians have not done amiss they have nothing to fear. 

They said that what they had told was spoke sincerely — their 
tongues and Hearts go together ; That they have nothing further to 
add, but having been at some Expence in their Journey hither they 
hope their Brethren will consider it. They were told Care should 
be taken of them, and somewhat given them before their Departure. 

It was Ordered, that thirty Shillings be given them to defray their 
Charges on the Road, and that their entertainment in town be 
paid for. 

E. 



At a Council held at Philadelphia, August 7th, 1733. 

PRESENT 

The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 
Samuel Preston, Ralph Assheton, ? -p, 

Clement Plumsted, Samuel II asell, J Esquires. 

The Provincial Treasurer laid before the Board Sundry Accounts 
of money by him disbursed on Treaties with and Messages to the 
Indians, and desired that the same might be examined, & if approved, 
to be recommended to the Assembly of the Province now Sitting, 
that he may have Credit for the Sums in his Accounts. 

'Tis Referr'd to Clement Plumsfed, Ralph Assheton and Samuel 
Hasell, Esquires, to Examine the said Accounts & the Vouchers 
thereof, and to make Report of the same to the Board at next 
meeting. 
E. 



PROVINCIAL COUNCIL. 544 

At a Council held at Philadelphia, August 9th, 1733. 

PRESKNT : 

The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 

Isaac Norris, „, , 

Samuel Preston, Thomas Laurence, J ^ 

Clement Plumsted, Ralph Assheton, S ^ 

The Report of the Members appointed by order of the preceeding 
Council to examine the Accounts of the Provincial Treasurer, arising 
on Treaties wiih and Messages to & from the Indians, and to report 
thereupon, was this day read and is in these words; 

" Pursuant to the Order of Council of yesterday, VVe have exami- 
" ned the several Accounts of the Provincial Treasurer to us referr'd, 
" and find the same to be as lollows, vizt : 
" 1731. 

" June — " To the Carriage of 2 Strowd Matchcoats to 

" Shamokiii, to be given to Sassoonan, 5 

♦' Augt — " To Sundrys given to Sassoonan, Peasquilo- 
" man and Shekailamy, who were sent for by 
" this Government, on the unhappy Accident 
" of Sassoonan's killing his Ne[)hew, Shaka- 
" tawlin, & the Death of his other Nephew, 
" Opekassett, 8 13 

*' Ditto — " To Six Strowd Matchcoats, edged with Silver 
" Lace, sent to the Chiefs of the Six Nations 
" with a Message by Shekailamy. invitinw 
" them hither to treat with this Government 
" pursuant to the joint desire o( the Govern- 
" or. Council and As^sembly, 8 16 Ij 

*• Ditto — " To ShekallaiTiy, then setting out on his Jour- 
" ney to the Six Nations, G.iods to the value 
" of 1 1 U & in money 20s. 2 1 11 

" Septr — " To a Strowd Matchcoat edged with Silver 
" Lace & 2 handkrs . sent with Messages to 
" a iVlingoe Chief p. Henry Smith, on the 
" above Account, 116 4 

'♦ Deer — " To Cash paid James Let<^rt for Expences of / 

" his Journey to Enquire after Shekailamy, 
" who had staid long beyond his appointed 
" time for returning, 2 



Carried Forward, £23 12 4.1 



545 MINUTES OF THE 

Brought Over, £23 12 4i 

«' Deer — " To Robert Charles for the Expenses by him 
" disbursed in a Journey to Conestogoe, by 
*' Order of the Governor «fc Council, to for* 
" ward to the Indians at Allegheny several 
" Messages of Importance, touching the Ke* 
" ports spread of their going over to the 
" French, and inviting them to come to Phi- 
" ladelphia to treat with this Government, and 
'■' for an Express sent to Sasquehannah for 
" Edmund Cartlidge, who was the Bearer of 
" Messages, 4 17. — And we are of Opinion 
" that £,5 be allowed to the said Rob^t 
" Charles for his trouble in the said Jour- 
" ney, 9 17 

" Ditto — " To Cash ordered by the Board to be given 
" Shekallamy, who returning from the Six 
" Nations, brought their answer, with a small 
" Present of Skins, £lO, but the same being 
"paid in G ods, amounted only to 9 8 11 

n Ditto — " To Cash by order of the Board paid Conrad 
" Weyser, who at Shekallamy's desire, at- 
" tended him from Tulpahockiii hither, 2 

«' 1732. 

" Auct — " To the Expence of the Treaty with the Chiefs 
" of the Six Nations, their Entertainment and 
" the Allowances to Interpreters, &c. ordered 
" by the Board, as p. Account, £94 10 5 

•' Septr — " To the Expence of the Treaty with the Shaw- 
" anese, their Entertainment, &.c. as p. Ac- 
" count, 56 9 2 

K Ditto — '' To 2 Stroud Matchcoats sent by Henry Smith, 
" with an Answer to a Message fmm the At- 
" tamoote Indians, a Nation living back of 
" Allegheny, who desired to enter into friend- 
" ship with this Government, 1 16 

" Octr — " To Cash paid the Miller at Tulpahockin, for 
" 10 bushls. of meal delivered to Sassoonan, 
" then in want of Provisions, 1 5 

" 173i2-3. 

" Janry — " To a small Present made Kataweykeita, a 
" Shawanese Indian, who came hither to 
" visit Quassenungh a litle before his Death, 
" &. was the Bearer of the Messages from 
" this Government touching his and Opa- 
" kethwas Death, 2 13 



Carried Forward, ^£401 00 H 



PROVINCIAL COUNCIL. 546 

Brought Over, £401 00 1^ 

*♦ Janry — " To 2 yards black Cloth and a handkerchief, 
" sent with a Message to Kakowatchy, the old 
" Shawanese King, acquainting him with the 
" Death of his Son, Quasscnungh, 1 13 9 

" March — " To the Chai-ges of attendance, nursing & 
" funerals of two Shawanese Indians, p. Ac- 
" count £28 14 5, & to Dr. Thomas Gasrme, 
" their Physician, for his Medicines, Advice 
" and Care, p. his Bill £15. 43 14 5 

" To the Charges of entertaining Shekallamy, 
" accompany'd with three other Indians & 
" Conrad Weyser, Interpreter, who was sent 
" hither on a Message to this Government 
" touching the Ganawese Indians, 3 13 5 



£450 

" Amounting in the whole to Four hundred"] 
" & fifty pounds one Shilling & Eight pence t 
" half penny. J 

" Out of which the Publick is to have 
" Credit for 27 pounds drest Deer 
*' Skins, bro't by Shekallamy from 
" the Six Nations, a 3s. 4 1 

*' 15| pounds drest Deer Sktns a 3 3 
" and Si pounds of Beaver, a 7s. 
" presented by the Chief of the Six 
" Nations at Philadelphia, 4 8 lOi 

" 26 pounds drest Deer Skins, a 3 3 
♦' and one KIk, a 5s., presented by 
" the Shawanese at Philadia. 4 9 6 



12 19 43 



" Balance due from the Province, £437 2 4 

" All which is humbly submitted by 

" CLKM. PLUMSTED, 
" RA. ASSHETON, 
" SAML. HASELL." 
" August 8th, 1733." 
The Board on the due Consideration of the said Report, approve 
thereof, and It is Recommended to the Assembly that they order the 
Balance of £437 2 4, to be passed to the Credit of the Provincial 
Treasurer in his Accounts. 

E. 



547 MINUTES OF THE 

August 11th. 

The Governor having, with no small Surprize, understood that 
some Objections had been started in the House of Representatives, 
to his Powers as Lieutenant Governor, for want of a new Commis- 
sion wilh His Majesty's Royal Approbation from our present Hon- 
ourable Proprietaries, and that the House for this Reason (tho'they 
were not willing to assign it publicly,) did not incline to pioceed on 
any Act of Legislature, a Council was summoned to meet this fore- 
noon to assist his Honour wilh their Advice on this Occasion. But 
a Quorum of them not coming together bt^fore a Message was brought 
to the Governor from the House by four of the Members, with an 
Order payable to him as Lieutenant Governor, for Four hun- 
dred pounds, the Remainder of the current year's support, and to 
acquaint him that they intended to rise this forenoon, the Governor 
determined to lose no time in sending down a Message in writing, 
to brill" them to an Explanation on this important Afl'air. For as 
not only by the Law of this Province, pass'd the 10th year of Queen 
Ann, Entituled An Act for the further securing the Administration 
of the Government, all the Powers of Government stand fully con- 
firmed in the Deputy on the Death of his Constituent, till lurther 
Order from Her Majesty, Her Heirs and Successors, or the Heirs of 
the said Proprietary and Governor in Chiel, which shall first hap- 
pen ; l>ut in the present Case those Powers are further strengthned 
by Instructions relating to the Affairs of Government, issued since 
the Demise of the Governor's Constituents, to wift : in December, 
17;-{1 and March, 1732, under the Signet and Royal Sign Manual 
of His present Majesty, directed to the Governor by the Name of 
" Our trusty and vvell-beloved Patrick Gordon, Esquire, Deputy 
Governor of Our Province of Pennsylvania, in America." The 
Governor, therefore, could not but conclude tbat so unaccountable 
an Obstruction to the Publick business of the Province, could arii-e 
onlv from a Design to do him a particular Injury, and to introduce 
Confusion in the Administration. 

The Message in writing sent down to the House from the Governor 
by his Secretary, is in these Words— 

'• Gentlemen : 

'• I am under some Concern to find that your House is inclined to 
" rise and leave several matters of great Importance to the Country 
" unfinished. 

" 1 was in hopes that pursuant to your Resolves made the former 
"session, you would have now revived the F..\cise rn l.iqucrs, 
" wliich is not only a necessary fund for the discharge oi the public 
" Debt, but being re-established, may give a seasonable Check to 
«' that Looseness and Debauchery which begins ai d will coi'tinue 
a to overspread the Province by the unlimited number of the l^e- 
" tailers of Rum and Increase of Dram Shops. 



PROVINCIAL COUNCIL. 54-8 

•■^ The repeated Complaints of the Merchants touching the Abuses 
■*^' in our Flour, deserve likewise, to be considered by proper Amend- 
'" ments to the Bill, now in force, for regulating that great Branch of 
" our Trade, 

" These are Points that nearly aiTect us, and it would be very sat- 
" isfact'jry to me to know what it is that prevents your House from 
'" entring into the Consideration of them at this your present meeting. 

" P. GORDON.'' 

About noon two Members of the House, to witt : John Wright 
and Samuel Blunston, waited on the Governor, and acquainted him 
that they were sent, but not as from the House, only as friends, to 
the Governor, to lett him know that the House were under some Un- 
easiness touching his Message ; that they were well inclined towards 
the Governor, and unwilling to enter into a Contention, and there- 
fore, it would be agreeable to them if the Governor would please to 
withdraw his Message. 

This mysterious Management heightning the Governor's Suspi- 
cions of the ill Designs of some particular Persons, he declined giving 
any Answer to this verbal Message, till he should, in the afternoon, 
meet the Council, whom he had orc'ered to be Summoned, and de- 
sired those Members of Assembly then to attend him. 



F^sq'rs. 



P. M. 

At a Council then held at Philadelphia. 
present: 
The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 
Isaac Norris, Ralph Assheton, 

Clement Plumsted, Samuel Hasell. 

The Governor acquainted the Board fully, with the Transactions 
of this morning, as contained in the foregoing Narrative, and his 
written Message to the House being read, and the verbal one by John 
Wright and Samuel Blunston imparted. On due and Serious Consid- 
eration of all which, the Members were unanimous in delivering 
thfir Sentiments to the Governor, that ho ought b)^ no means to re- 
cede from his Message, which it was to be hoped, would oblige the 
House to come to an Explanation on a Point that might have Con- 
sequences so injurious to the Peace and good Order of the Govern'' 
ment. 

Pursuant to which Resolution, John Wright and Samuel Blunston 
were told by the Governor, that they might say to those that sent 
them : 

That it was with a View to the Good and Peace of the Country 
that he sent his Message of this forenoon : if it was misinterpreted 

42 



549 MINUTES OF THE 

by the House he was sorry for it, but that before he could" think of 
receding from it he must well consider that Matter. 

About nine o'clock at night, Israel Femberton and Robert Jones, 
two Members of the House, waited on the Governor, and delivered 
from the House an nnaddre^^sed & unsigned Paper in these Words : 

" Upon due Consideration of the Governor's Message of this day,- 
" it is the Opinion of the House, that forasmuch as we have great 
" Reason to believe the Governor was well acquainted with the Diffi- 
" cullies the House laboured under, as to their proceeding in prepa- 
*' ring Bills to be passed into Laws, at their Sessions in March last,. 
" and the same Difficulties still continuing, and the House having 
" now sett a whole Week, and not hearing from the Governor untill 
" they had agreed to adjourn, they are humbly of Opinion the 
" Message is unseasonable : and that entring into a further Examina- 
" tion of the Reasons why we do not proceed upon business at this 
" time, may not be agreeable to the Governor ; and therefore, the 
" House adheres to their former Resolution of adjourning to the 30th 
" day of September next." 

The Governor told these Members that it was too lale in the Night 
to give a Reply in writing, but directed them to say to the House from 
him : TluU no time is unseasonable to do the business of the Country, 
nor will it be disagreeable to him to hear Truth, and that he will make 
a Reply to tlieir Answer. 

The House, without taking Notice of this verbal Message, or so 
much as entring it on their Minutes, tho' it was actually reported to 
them, adjourned to the last day of their Term. 
E 



August 15th. 

Hetaquantagechty who, at the last Treaty with the Indians of the 
Six Nations was their Speaker, and Shekallamy, coming to Town 
this day, accompanied with Conrad Weyser, the Interpreter, and 
having waited on the Proprietor and Governor, gave them to under- 
stand they had a Message lO deliver, for receiving which a Council 
was appointed next day, and accordingly 

At a Council held at Philadelphia, Aug. I6th. 

PRKSFNT : 

The Honourable THOMAS PENN, Esqr., Proprietary. 

The Honourable PATHICK GORDON, Esqr., Lt. Governor, 

Ralph Assheton, ? t-> 

c ' , u II c Esquires^ 

Samuel Hasell. y ^ 

And these two Indians : 



PROVINCIAL COUNCIL. 55« 

Hetaquantagechty by Conrad Weyser the Interpreter, said; 

That Tie comes hither from the Six Nations on a Message touch- 
ing the Treaty held here with them the last fall ; that while he was 
on the Road hither he was greatly troubled to hear from Shekalla- 
my, that a Report had been spread that some of the Ganawese Indi- 
ans had killed two white Men on the Borders of Virginia ; that he 
has made Enquiry into it jointly with Shekallamy, who he under- 
stands had Orders from this Government for that End, and before he 
proceeds to deliver the Message that he was sent upon, he is wil- 
ling to clear up to his Brethren this other Affair, that their Hearts 
■may be easie. 

That Shekallamy had been at the Ganawese Town, and had made 
strict Enquiry into it, and found the matter to be thus : 

That some of these Indians having gone to War to the Southward, 

and killed three Indians of the Nati in oftheTootelaes, otherwise called 
Chaponick, they scalped twoofthem,and returning homewards they 
met with a Delaware Indian who had some Rum; that drinking togeth- 
er they fell out, and the Delaware Indian having given some provoca- 
tion was beaten, who having known from them that they had scalped 
two Indians, gave out in Revenge that those Scalps were of white 
People, and that lliese Ganawese had cutt off some while Men in 
Virginia. That this Delaware man thus spreading the falsehood 
wherever he came, had been the only occasion of this groundless 
Report, which has not any manner of Foundation, and could only 
arise from a bad Spirit, that would endeavour to break in upon the 
Friendship which had been of late so firmly established between the 
English and all the Indians. He therefore hopes his Brethren will 
give no Credit to it for that the Six Nations would certainly order 
the Persons, if guilty, to be punished, and hereupon he delivered 
some strings of Wampum. 

Shekallamy being asked if he had «een the Scalps, and whether 
he does not believe them to be of Indians, answered ; That having 
heard the Detail of the Fact (as now delivered) from the Ganawese, 
he demanded to see the Sca'ps, which were accordingly brought to 
him ; that he examined them carefully, and from the Marks 
upon them, of their hair being in some places pulled out, of its being 
greased and tied up in a small bundle on the top of the head, after 
the Indian manner, he is very positive that these Scalps are of Indi- 
ans. 

Hetaquantagechty then proceeded and said, that there has been a 
very great Sickness amongst the Six Nations, which they appre- 
hended would have almost destroyed them, and for that Reason they 
could not come together to consult on what was mentioned to them 
here last Fall. That before he came from home, a general meeting 
of these Nations was appointed at Onandagoe, and many of them were 
accordingly mett there ; that it is now a long time since they have 



551 MINUTES OF THE 

held so genral a Meeting, and they have much Business under then* 
Consideration, which will prevent them from coming to Pennsylvania 
this Fall, to give an answer to what had been said to them, and lest 
the Delay should bemisinterpreted or taken ill, he was dispatched iVonn 
amidst that great Council, to acquaint their Breihren here with the' 
Reason of it. And on this he delivered some more string of Wam- 
pum. And added that he believed they couldnot come hither till 
next Spring. 

That this is all he had in Charge, and is the sole Occasion of his 
Journey, and ha.ving now delivered himsell of it, he thinks to return 
speedily, unless his Brethren have any thing to say that may detaitr 
him. 

He was told that what he said is very agreeable, and is well taken, 
and that to morrow an answer would be given them, and they should 
not be long detained. 

The Proprietor &. Governor drinking a friendly glass with these 
Indians, Hetaquantagechty said, that having finished the business of 
this Message, he would talk a little about News. He then proceed- 
ed to say by the Interpreter : 

That tlie French were at War with a Nation ol Indians called 
Quaquessegh-roona, whom not being able to conquer, they sent to a 
place called Tioghsaghrunti, lying to the Westward of the lake of 
Niagara, seven days' Journey from the Tsanandowans, for 800 In- 
dians to assist them in the Conquest, who accordingly joyned the 
French : that as these Indians, under tlie Conduct of a French Offi- 
cer, were marching along, they came tn a hunting town beloning to 
the Onechkarayagoe-roona, where the French Officer seeing a Bark 
Canoe show'd an Inclination to purchase it, and having some Rum- 
with him of which the Indians appearing fond, tliey said he might 
have it for a little of that Liquor; the Officer having given the 
Owner of the Canoe three small Cups of Rum, took the Ca- 
noe. But the Indian think'ng he had gott but very little for it, said' 
he must have somewhat more, which the Officer refusing to give, 
some Words arose, whereupon the Officer drew his Pistol, and shott 
the Indian, who was a Captain in great Esteem amongst the Onich- 
karyagocs ; the Officer then taking with him the Cnnoe went to- 
wards the French fort of Niagara, where they understood he was 
even very abusive to the French in that place who had pmbably 
ound fault with him for what he had done, and that he is since 
gone to Canada. 

That the Indians resenting this Abuse are naw melt togefher, and 
have it under Jheir Consideration how to beh^ive in this Affiiir, and 
he apprehends it will occasion a War with the French'; that the 
Onichkaryagoe Indians will endeavour to bring the Six Nations intc 
their Quarrell, but whether they will join with (hem or be only Med- 
iators between these Indians and the French, he cannut yet say. 



PROVINCIAL COUNCIL. 559. 

That two Detachments of Frer.ch are gone out with Design as 'tis 
believed, to make War on the Indians ; that the French have always 
some War on hand, but they appear more bent on it now than ever. 
That theie are \.\\o Nations of Indians with whom they have long wa- 
ged War, the jSigaserach-roona and Quaquontse-roona. That the 
French have sentfrom Montreal for 'I'iochtachkout, a Captain of the 
Tsanandmvas, who on his return will give certain Intelligence howthe 
French stand affected towards the Indians. That many of the Al- 
lies of ttie Six Nations have been cutt off* by the Small Pox; that 
there was never known so trreat a Mortality amongst them as of 
late. 

That this is all the News he has now to tell, and should be glad 
to know if his Brethren can inform him of any that they have learnt. 

He was told that the English were in Peace with all Nations ; that 
the Great Kings of England and France were in Peace with each 
other, and that we had no news of any Importance to acquaint thera 
with. 

He said that the Indians had understood several of the English 
Governors on the Continent were to meet at New York, and that a 
meeting of such great Men together, had raised their Curiosity to 
knovv what it could mean. 

They were told Vi'o knew of no such Appointment. We had heard 
that some of the Governors to the Southward intended to travel this 
way, but we believed it was only to pay friendly Visits to their 
Brethren in these parts. 

Thus the Conversation ended. 



August 17th. 

The Proprietor, Governor, and some Members of Council being 
mett, the Indians were sent for, and by the Interpreter spoke to as 
follows : 

Brethren : 

We are well pleased to see you, otir good friends, Hetaquanta- 
gechty and Shekallamy ; you are very welcome to us. We have 
considered what you have said, and it is to our good liking. Four 
of the Ganavvese Indians came lately here to Satisfy us of their In- 
nocence of that wicked Charge which some ill mmded Persons had 
loaded them with, and they related the whole matter agreeable to 
what you have now delivered, so that we have no Reason now to 
entertain any ill thoughts of them. We believe they have been wrong- 
ed, and are very sorry that there should be any Person so ill inclined 
as to raise a Report that might create the least Misunderstanding 
ibetween the Indians and us. You have done, however, as true 



553 MINUTES OF THE 

friends and brethren ought to do; jou have enquired into the nrrat- 
ter and satisfied ws further. We now think no more of it. 

We desire that Hetaquantagechty on his return to the Six Nations- 
may tell them, that we are sorry to hear of the Sickness that has- 
raged amongst them, and are glad it is now over. We take kindly 
their sending to acquaint us with the Reason why they connot visit 
us this Fall, and return an answer to those Articles on which we 
treated together last fall. As they are now all melt together in a 
great Assembly, we hope their Councils will be directed aright to- 
their own Peace and Good, & to the further Tmprovemeat of that 
good Understanding which has so long continued between them and' 
all the Subjects of the Great King of England. And havingr now 
the 0|iportunity of Hetaquantagechty, who expects to gett to Onan- 
dagoe before their great Council rises, We must desire him to putt 
their Chiefs in mind that at our last Treat}'- we made it one Article :. 
That they should give the strictest Directions to their Warriours, who 
are often too unruly, not to come amongst or near to the English 
Settlements, and especially that they should never, on any account, 
rob, hurt or molest any English Subjects whatsoever, either to the 
Southward' or else where. We are now sorry to tell them that 
some of their Warriours passing near to some English Settle- 
ments at Pextang, about the beginning of this Month, have be- 
haved themselves very disorderly ; they killed several Hogs, cutt 
down Corn, and threatned to do further Mischief. 

We hope at their Great Council, they will take efTectual Care ta 
prevent, for the future, the like Abuses; for we must be just and 
true in all things, to each other, a.s becomes true friends ai^d Breth- 
ren, who have one & the same Interest. 

Hetaquantagechty said he had been informed that some Sows had 
been lately killed at Pextang, but it was not done by the Indians of 
the Six Nations, for none of their Warriours have been lately that 
way ; he understands it was done by sonae of the Shawanese. 

He was told it might be so: the Tnforrnation in that point might 
be wrong ; but as the Six Nations have the Command over all the 
Indians, it is in their Power to prevent abuses of this Sort, and vve 
hope they will give Orders accordingly. 

They were then told that a small Present would be given them for 
their trouble, and that we had nothing further to add, but to wish 
them a safe Journey homewards. 

Whereupon, the Indians taking Leave of the Proprietor and Gov- 
ernor. departed. 

It was ordered that forty Shillings be given Shekallamy, and 
Goods to the value of thirty Shillings to Hetaquantagechty, and that 
the Treasurer pay the sa,me, together with the Changes of their En- 
tertainment. 
E- 



PROVINCIAL COUNCIL. 



554 



At the Courthottse of Philadelphia, August 17th, 1733. 

PRESENT : 

The Honourable the Lt. Governor. 
With severals of the Magistrates. 

Ninety Palatines, who with their Fanfiilies, making in all Two 
hundred & ninety one Persons, were imported here in the Ship 
Samuel of London. Hugh Percy, Master, from Rotterdam, but last 
from Deal, as by Clearance thence, this day took & subscribed the 
Effect of the Government Oaths, & also the Declaration prescribed 
hy the Order of Council of the "Cllst of September, 17^27, & their 
Names are as follows : 



Hans Peter Frey, 
Johan Leuistanwallnor, 

Hans Georg. Strohaver, 

Elias Tayler, 

Abraham Koen, 

Fred rich Koen, 

Johan Johan Zimmer, 

Jacob Rausher, 

Christian Krop^ 

Henrich Bishof, 

Hans Jurg Ruck, 

Hans Georg. Ruck, 

Hans Jacob Ruck, 

Peter Koentz, 

Hans Jacob Ridt, 

Hans Leonard Lechner, 

Hans Jurg Peck, 

Andreas Frey, 

Fried rich Lieby, 

Friedrich Aldorfer, 

Michael Smiet, 

Matthias Ley, 

Hans Peter Bristell, 

Michael Sturtzebach, 

Hans Melchiec Fries, 
Hans Wervell, 

'Hans Jurg Wervell, 
Martin Shibe, 
Hans Leonhart Wolf, 
Hans Casper Joost, 
Solomon Miller, 
Hans Wolf Eiseman, 
Hans Jacob Hoff, 
Hans Jacob Malthis, 
Johan Leonhart Weyss, 
Johan Jacob Crisinger, 
Johan Philip Hetser, 



Gilian Schmied, 
Christian Lausel, 
Hans Casper Eiseman, 
Malcher Wagner, 
Justus Sim.onius Wagner, 
[lans Jacob Kummerlin, 
Hans Adam Lang, 
Michael Probst, 
Jobs. Michael Probst, 
Hans Georg. Zoller, 
Johan Casper Korber, 
Johan Henrich Fisher, 
Andreas Wagener, 
Johan Koofman, 
Johan Henrich Adam, 
Johan Wilhelm Fisher, 
Casper Muhlhaus, 
Andreas Weltz, 
Hans Casper Brenner, 
Jacob Fegley, 
Johan Lorig, 
Johannes Shnap, 
Lorentz Shnap, 
Martin Wonner, 
Henrich Peter, 
Peter Hansminger, 
Johan Conrad Kempf, 

Christian Kempf, 

Gilbert Kempf, 

Henrich Rohd, 

Peter Cornelius, 

Jacob Gerkehouser, 

Nicolas Kan, 

T lans Leonhart Emiger^ 

Marcus Klein, 

Johan Peter Kno'ole, 

Elias Hasele. 



525 



MINUTES OF THK 



Henrich Aller, 
Peter Haller, 
Johan Caspar Schafner, 
Jacob Kraler, 
Peter Drochsel, 
Ulrick Flichrer, 
Hans Adam Frickrott, 
Henrich Fesseler, 
E. 



Lorentz Syboot, 
Hans Bern hard Trosseli'j, 
Henry Meder, 
Christian Danner, 
Caspar Martin, 
Hans Peter Mock, 
Valentine Snyder- 



At the Courthouse aforesaid, August 27th, 1733. 
prksent: 
The Honourable the Lt. Governor. 
And seveiais of the Magistrates. 

Fifty eight Palatines, who with their Families, making in nlF ('ne 
hundred & seventy two Persons, were imported here in the Ship- 
Eliza, of London, Edward Lee, Master, from Rotterdam, but last 
from Dover, as by Clearance thence, were qualified as belbre, ^y 
their Names are : 



Johannes Krichner, 
Johan Philip Sover, 
Johannes Mehn, 
Johan iMichl. Grovui, 
Johan Georg. Petry, 
John Hendrich Shitts, 
Conraad Shoot, 
Johan Philip Foust, 
Michael Ruht, 
Johan Henrich Tenich, 
Corab Hetrich, 
Henrich Stens, 
Hans Peter HofTmanv 
Johannis Young, 
Johan Peter Foust, 
Johan Philip Foust, 
Jacob IViichael Elbe, 
U I rich Shoe, 
Jacob Shuh, 
Johannis floats, 
Matthias Whiedman, 
Henrich Still, 
Simon Linder, 
Simon Linder, Junr. 
George Friedrich Onsell, 
Michael Faeber, 
Aran Spogener, 
Stephan Lauinan, 



Hans Yerech Perger, 
Jacques Bennett, 
Wolfgang iMulIar, 
Jacob Mullar, 
Simon Schearman, 
Jurig Shearman^ 
Johannis Knoll, 
Jacob Koobler, 
Frantz Weiss, 
Johan Dobah Troud", 
Jurich Ore, 

Johannes George Oder, 
Jacob Server, 
Jacob Server, Junr. 
Rudolph Server, 
Jacob Housenwart, 
Jacob Henrich, 
Johan Henrich Tabas, 
Jacob Ziltell, 
Johan Philippus Smittj, 
Hans Jurg Nordt, 
Jacob Dillinger, 
Andreas Klipsedle, 
Georg. Henrich Murtz>, 
Johan Ulrich Ccol^ 
Jcjliannis Fageley, 
Henrich Strieker, 
Michael Ranhard,. 



Balser Mets, 
E. 



PROVINCIAL COUNCIL. 

Hans Jacob Mets. 



556 



At the Courthouse aforesaid, August 28th, 1733. 

The Honourable the Lt. Governor, 
With Severals ofihe Magistrates. 

Eighty four Palatines, who with their Families making in all Two 
hundred & twenty six Persons, were imported here in the Ship Hope, 
of London, Daniel Ried, Master, from Rotterdam, but last from 
Cowes, as by Clearance thence, were qualified as before, ^ their 
Names are : 

Peter Arant, 

Daniel Rott, 

Hans George Wyneck, 

Frantz Ratsell, 

Andreas Louck, 

Herman Arand, 

Jobs. Henrich Noumich, 

Jolian Adam Retsel, 

Hans Georg. Crylberger, 



Ulrich Wisseler, 
Ulrich Rheiiihart, 
Hans Grumbacher, 
Hans Stayman, 
Peter Stayman, 
Hans Stayman, junr. 
Christian Stoudar, 
Hans Rat, 

Nicholas Timberman, 
Hans Timberman, 
Joseph Fleure, 
Joseph Fleure, 
Johannis Fleure, 
Christian Kur, 
Michael VVhitmar, 
Ulrich Whitmar, 
Peter Whitmar, 
Peter Esleman, 
Christian Esleman, 
Ulrich Loninacre, 
Ulrich Loninacre, Junr. 
Jacob Loninacre, 
Jacob Burcki, 
Hans Snabley, 
Christian Blank, 
Hans Georg. Weidnar, 
Hans Georg, Brimmer, 
Fredrich Becker, 
Jacob Lochbaum, 
Rudolph Brock, 
Christian Reblet, 
Barnard Keller. 
Conrad Rouf, 
Jourg Richter, 
Henrich Shmiet, 



Johan Leond. Stuin, 

Hans Jurg Kohler, 

Johan Michl. Beyss, 

Hans Jurg Hofnam, 

Peter Schmid, 

Johan David Dupshler, 

Johan Jacob Meckli, 

Johan Eorl Grop, 

Bastian Tsyster, 

Henrich Humberger, 

Hans Leond. Humberger, 

Peter Seylei, 

Christian Yoniley, 

Andreas Besinger, 

Georg. Henrich Kneysman, 

Georg. Michael Fraitler, 

Hans Jurg Gobal, 

Hans Jacob Guber, 

Johan Christopher Cunnaway, 

Johan Adam Simon, 

Abraham Miller, 

Jacob Bart, 

Henrich Tace, 

Benedick Wise, 

Martin Spittlemayer, 

Hans Adam Spittlemayer, 



557 



MINUTES OF THE 



Michael Ably, 
Jacob Robmun, 
Wilhelm Krans, 
Hen rich Fegeley, 
Matthi.is Fegeley, 
Barnard Fegeley, 
Hans Michl. Slenbard, 
E. 



Stephen Slunaeker, 
Abraham Grauttcr, 
Hans Jacob Shumbur, 
Daniel Haselman, 
Rudolph Shnebley, 
Hans Michl. Shreyack, 
Jacob Shrevack. 



At the Courthouse aforesaid, September 18th, 17S3. 

PRESEST : 

The Honourable the Lt. Governor, 
And Severals of the Mag;istrdtes. 

Sixty seven Palatines, who with their Families, making in all One 
hundred eighty seven Persons, were imported here in the i3riganteen 
Pennsylvania Merchant, of London, John Stedmm, Mr., from Rot- 
terdam, but last from Plymouth, as by Clearance thence, were quali- 
fied as before, & their Names are : 



Joh^n Klem, 
Gotleb Klem, 
Georg. Sholts, 
David Sholts, 
Andreas Moseman, 
Christian Moseman, 
Hans Burkhard, 
David Burkhard, 
Johan Schonfeldt, 
Johannes Naiis, 
Peirre Marot, 
Adreas Kleym, 
Jacob Klevm, 
George Sh^iit, 
Johannes Riegel, 
Jobs. Riegel, Junr. 
Daniel Riegol, 
Andreas Oullenbacher, 
Johan Valentine Presel, 
Michael Waller, 
Carolus Burkhard, 
Johan Philip Weynandt, 
Jacob Knop, 
Jacob Ott, 
Johan Michael Ott, 
Lutwig Evald, 
Michl. Ludvvig, 
Daniel Ludvvig, 
Philip Smeyer, 



Alexander Casser, 
Pieler Roodt, 
Hans Lauer, 
Matthias Kish, 
Johan Michl. Stoudt, 
Johan Just Ulveyn, 
Philip Angulberger, 
Micheal Seydbender, 
Johan Daniel Endt, 
Johan Valentine Endt, 
Johan Peter Sayling, 
Adam Volimer, 
Hans Georg. Winter, 
Hans Martin Sauter, 
Frederich Gotz, 
Johannes Mihm, 
Peter Smit, 
Johan Adam Beyer, 
Job Christo. Yslebach, 
Michael Kelchner, 
Georg. Bartol ShefTer, 
Paul us Sheffer, 
Andreas Vry, 
Bernhard Maus, 
John Ludvvig Sees, 
Andreas Boyer. 
Hans Georg. Hauk, 
Peter Straub, 
Johan Jacob Karse, 



PROVINCIAL COUNCIL. 



558 



Christian Hook, 
Hans Jorg Grondt, 
Jerg Adam Koch, 
Fredrich Glass. 
Johannes Gordner, 
E. 



Matthias Beichler, 
Justus Osterut, 
Johan Georg. Groom, 
Hendrich Smit. 



At the Courthouse aforesaid September 28th, 1733. 

PRESENT : 

The Honourable the Lt. Governor, 
& Sevcrals of the Magistrates. 

Forty three Palatines, who with their Families, making in all One 
hundred thirty seven Persons, were imported here in the Briganteen 
Richard & Elizabeth, of Philadelphia, Christopher Clymer, Mas- 
ter, from Rotterdam, but last from Plymouth, as by Clearance thence 
were qualified as before, &; their Names are : 



Franlz Schuller, 
Jacob Grib, 
David Mertz, 
Hans Michal Mertz, 
George Leap, 
Johan Conrad Leap, 
Philip Jacob Edelman, 
Matthias Bousser, 
Matthias Bousser, Junr. 
Philip Mire, 
Christian Bousser, 
David Edelman, 
Adam Spohn, 
Jacob Hennel, 
Michael Wise, 
Johan Georg. Shufard, 
Johan Yost Heck, 
Jacob Huntsider, 
Hans Jacob Lebegood, 
Jacob Herman, 
Hans Jacob Uts, 
Hans Jurk Uts, 
E. 



Hans Peter Somey, 
Hans Jacob Somey, 
Hans Peter Somey, Junr. 
Otto Fredrick Somey, 
Joseph Shumaker, 
Ulrick Burghalter, 
Johan Nicol. Segar, 
George Schenemansgruber, 
Matthias Beck, 
Johannes Wollett, 
Henry Winterberger, 
Hans Sherer, 
Jacob Krist, 
Marcus Krist, 
George Angsted, 
Marcus Bigler, 
Philip Duderman, 
Johannes Weber, 
Johannes Rosensteel, 
Abraham Wootring, 
Matthias Rehsh. 



At the Courthouse aforesaid, September 29th, 1733» 

PRESENT : 

The Honourable the Lt. Governor, 
& Severals of the Magistrates. 



559 



MINUTES OF THE 



Thirty four Palatines, who with their families, making in all One 
hundred & Seventy Persons, were Imported here in the Pink Mary 
of Dublin, James Benn, Master, from Rotterdam, but last fron 
Plymo. as by Clearance thence, were qualified as before, & their 
Names are ; 



David Karker, 
Hans Georg. Horlocher, 
Gottfried Riech, 
Johannes Yorde, 
Andreas Dries, 
Cornelius Dries, 
Peter Dries, 
Johan Adam Dries, 
Jacob Spingler, 
Peter Hite, 
Elias Strickler, 
Johannes Strickler, 
Johan Michael Noll, 
Philip Thomas Trump, 
Henrich Sower, 
Johannes Wingertman, 
Christian Blaser, 
Johannes Teutscher, 
Joh. Peter Teutscher, 
Johan Georg. Ribble, 
Jacob Frank, 
Johan Arnold Billig, 
Fredrich Funk, 
Michael Friedly, 
Johannes Reichenbach, 
Nicolaus Sowter, 
Johan Martin Brown, 
E. 



Andreas Nay, 
Philip Jacob Rothrock, 
Johannes Rothrock, 
Christiiti Sooter, 
Hans Michael Himmer, 
Johan Michael Teel, 
Georg. PfaHenberger, 
Jurk Pfaffenberger, 
Jurk Derey, 
Christian Retelsberger, 
Jacob Hoffman. 
Fredrich Durflinger, 
Asimus Rambach, 
Hans Michel Keller, 
Jacob Berkel, 
Hans Jacob Berkel, 
Nicolaus Mauritz, 
Baltzer Breuninger, 
Johan Adam Werner, 
Jorg. Fredrich Kehler, 
Peter Apple, 
Johan Peter Kettall, 
Johan Jacob Gehtel, 
Johannes Lap, 
Johannes Slabach, 
Johan Henry Slabach, 
Jacob Lesher. 



At a Council held at Philadelphia, Oct. 4th, 1733. 

PRESENT : 

The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 

Isaac Norris, Thomas Laurence, "j 

Samuel Preston, Ralph Asshetor^, > Esquires. 

Clement Plumsted, Samuel Hasell. J 

The Governor acquainted the Board, that having'received the Re- 
turns of the Elections of Sherifs & Coroners for the ensuing year, 
throughout the several Counties of this Province, he had Summoned 



PROVINCIAL COUNCIL. 560 

a Council to meet yesterday, to advise him in his Nomination to those 
Offices. But a Quorum of t*ie Members not coming together, he 
had proceed to appoint the following Persons to witt : 

For the City and County of Philadelphia. Septimus Robinson & 
Andrew Robeson, being returned for Slierifs, and Owen Owen and 
John Roberts for Coroners ; Septimus Robinson was appointed Sher- 
if, & Owen Owen Coroner. 

For the County of Bucks. John Hart and John Hall being re- 
turned for Sherifs, and VVillam Atkinson & Benjamin Field for Cor- 
oners, John Hall was appointed Sherif & William Atkinson Coroner. 
For the County of Chester. John Parry & Richard Jones, be- 
ing returned for Sherifs, and Anthony Shaw & Robert Park for 
Coroners ; John Pai'ry was appointed Sherif and Anthony Shaw 
Coroner. 

For the County of Lancaster. Robert Buchannan & David Jones 
being returned for Sherifs, and Joshua Lowe and Samuel Bethwell 
for Coroners, Robert Buchannan was appointed Sherif, and Joshua 
Lowe Coroner. 

And Commissions were ordered to them on their giving Security 
as the Law directs. 

The Governor then laid bc'ore the Board the Return from the 
County of Newcastle, of the Election of John Gooding & Henry 
Newton for Sherifs, & His Honour representing that though he en- 
tertained a good Regard for the former, who had behaved well in 
his Office, yet as he had been Sherif of that County four times with- 
in these last Seven years, and that tlie latter had now been thrice 
returned Successively, and still rejected, he was inclined to favour 
Newton, by making Tryal of him ibr the ensuing year; that being 
sensible an Objection had been formerly made to Newton, on Ac- 
count of his Circumstances, he was therefore desirous to have the 
Opinion of the Board herein. It was upon this observed, that if 
Newton could give good Security for the Execution of the Office, as 
he said he was well able to do, that Objection would be fully answer- 
ed; but some of the Board being of different Sentiments, the Voices 
of the Members wore taken, & Messrs. Norris, Preston, Laurence 
and Assheton declaring for Newton, Sr Messrs. Plumsted, & Hasell 
only, for Gooding, the former was appointed, arid a Conimission was 
ordered to him accordingly, he giving good Secuiity m the manner 
directed by the Laws of the Counties. 

Henry Gonne and Robert Robertson being return'd for Coroners 
for thit County, the former is appointed to that Office. 

A Return of the high Road lay'd out from the tov/n of Lancaster 
in the County of Lancaster, pursuant to an Order of this Board, 
bearing date the 29th day of January 1730-1, being this day read in 
these Words : 

" Tn the Honourable Patrick Gordon, Esqr., Lieut. Governor of 
" the Province of Pennsylvania, in Council. 
' WHEREAS, upon the Petition of the Magistrates, Grand Jury 



561 MINUTES OF THE 

*' and other Inhabitants of the County of Lancaster, presented to the 
" Governor in Council, praying that proper Persons might be ap- 
" pointed to view and law out a Road for the Pubh'ck Service, 
«' from the Town of Lancaster, till it should fall in with ye 
" high Road leading to the Ferry of Schuylkill, at High Street, 
" and that a Review might be had of the said Publick Road in the 
" County of Chester. 

" The Prayer of which Petition being granted, it was ordered that 
*' Thomas Edwards, Edward Smout, Robert Barber, Hance GraafT, 
•' Caleb Pierce, Samuel Jones and Andrew Cornish, of the County 
" aforesaid, or any five of them, should view and lay out by Course 
" and Distance, a Convenient high Road, from the Town of Lancas- 
" ter, to the Division Line between the said County, and the County 
" of Chester, and that Thomas Green, George Aston, William 
" Paschali, Richard Bufiinglon, William Marsh, Samuel Miller and 
" Robert Parke, of the County of Chester, or any five of them, 
" should then join the above named Persons, of Lancaster County 
" or any five of them, in continuing to lay out the said Road from 
''• the Division Line aforesaid, till it should fall in with the King's 
*' high Road, in the County of Chester, leading to Philadelphia, and 
" make Return thereof to that Board. 

" And the above named Persons were also Impowered jointly to 
" Review the said high Road within the County of Chester, and 
'' Report the alterations necessary to be made therein. 

" Now these may certify, that pursuant to the said Petition and 
" Order, Thomas Edwards, Edward Smout, Robert Barber, Hance 
" Graaffand Samuel Jones, ofthesaid County of Lancaster, met at the 
" Town of Lancaster aforesaid, on the fourth day of this instant, 
" and from thence viewed and laid out a Road from the Courthouse 
" in the said Town, along the Course of the Street, East 3 Degrees, 
" Northerly 144 perches, thence East 8 Degrees, North 1 08 per- 
" ches, thence East 16 Degrees, South 282 perches, to the East side 
" of Conestogoe Creek, thence East 5 Degrees, South 25 perches, 
" thence East 10 Degrees, North 190 perches, thence East 6 De- 
" grees, South 1271 perches, thence East 4 Degrees, South 696 
" perches, thence East 10 Degrees, North 90 perches, thence East 
" 74 perches, thence East 6 Degrees South 820 perches, thence 
" East 13 Degrees, North 80 perches, thence East 6 Degrees, South 
" 406 perches, thence East 8 Degrees, South 94 perches, thence 
" East 6 Degrees, South 80 perches, thence East 52 Degrees, South 
"118 perches, thence East 13 Degrees, South 160 porches, thence 
" East 364 perches, thence East 19 Degrees, South 490 perches, 
" thence South 41 Degrees, East 40 perches, thence East 27 De- 
'* grees, South 68 perches, to the aforesaid Division Line, near the 
*' English Church, and then being joyned by George Aston, Rich- 
^' ard Buffington, William Marsh, Samuel Miller and Robert Parke, 



PROVINCIAL COUNCIL. 562 

" of Chester County, continued the same through Chester County, 
•' East 27 Degrees, South 30 Perches, thence East 51 Degrees, 
" South 54 perches, thence East 5 Degrees, North 188 perches, 
•' thence East 25 Degrees, South 246 perches, thence hast 7 De- 
*' grees. North 80 perches, thence East 10 Degrees, South 60 per- 
" ches. thence East 25 Degrees, South 74 perches, thence East 38 
" Degrees. South 48 perches, thence South 44 Degrees, East 42 per- 
" ches, thence East 25 Degrees, South 190 perches, thence East 35 
" Degrees, South 48 perches, thence Kast 15 Degrees, South IV2 por- 
" ches, thence East 5 Degrees, North 216 perches, thence East 17 
•* Degrees, South 60 perches, thence East 13 Degrees, South 60 per- 
" ches, thence East 10 Degrees, North 130 perches, thence East 26 
*' Degrees, South 60 perches, thence South East 52 perches, South 
" 26 Degrees, East 40 perches, thence East 35 Degrees, South 56 
" perches, thence East 15 Degrees, South 36 perches, thence East 
" 5 Degrees, South 121 perches, to the West branch of Brand}- wine 
" Creek, thence East 26 Degrees. South 41 perches, thence East 8 
" Degrees, South 32 perches, thence East 82 perches, thence East 
"17 Degrees, South 46 perches, thence East 6 Degreess South 58 
" perches, thence East 20 Degrees, North 72 perches, thence East 5 
*' Degrees. South 54 perches, thence East 15 Degrees, South 54 perches 
" thence East 30 Degrees, South 146 perches, thence East Souther- 
" ly down, the several Courses of a hill 210 perches, thence East 
" 5 Degrees, North 288 perches, ihence East 13 Degrees, South 30 
" perches, thence East 11 Degrees, South 100 perches, thence East 
" 26 Degrees, ^''outh 56 perches, thence East 51 Degrees, South 20 
" perches, thence East 15 Degreesj South 66 perches, thence East 
" 10 Degrees, South 42 perches, thence East 10 Degrees, North 
" 194 perches, thence East 15 Degrees, North 138 perclies, thence 
*' East 40 Degrees, North 100 perches, to the East branch ot Bran- 
" dywine Creek, near Thomas Moore's Mill, thence East 17 I'egrees, 
" North 86 perches, thence east 43 Degrees, North 114 perches, 
" thence East 35 Degrees, North 392 perci-es, thence East 16 De- 
" grees. North 216 perches to the aforesaid publick Road, near the 
" house of John Spruce, containing in the whole Thirty two Statute 
" miles. 

" And we conceive the same, as it is now laid out through the said 
*' Counties, is done the nearest ^- most Commodious way, & in the 
" best manner to answer the purposes intended thereby, which the 
" Scituation of the Lund would admitt of, and as little to the Incon- 
" venience of the Inhabitants as possible, without Damaging the said 
" Road ; we therefore humbly pray the same may be confirmed. 

" And we further beg leave to say, that being unprovided with a 
" Copy of the Records of the aforesaid public Road, through t'hes- 
" ter County, &, the Lands contiguous to the said Road being mostly 
'* Improved, &, at present under Corn, we find ourselves uncapable 



563 MINUTES OF THE 

" to discover where the same hath been altered from its true Course^ 
" (to the Dimage thereof,) and also conclude the present Season of 
*' the year Improper lor a Review. Given under our hands the ninth 
*• day of June, Anno Dom. 1733. 

" Tho. Edwards, " Geo. Aston, 

" Edward Smnut, " Richard Buffington, 

" Robert Barber, " William Marsh, 

" Hans GraafT, " Samuel Miller, 

" Samuel Jones, " Robt. Parke." 

The Board, on due Consideration had of the said Return, togeth- 
er with the Draught accompanying it, doth approve and confirm the 
Road laid out, as in the said Return mentioned, which is hereby de- 
clared to be the King's Highway or Publick Road, and IT IS OR- 
DERED that the same be forthwith cleared, and rendered commo- 
dious for the Public Service. 

And to the End that the said Road may be continued to the Ferry- 
on Schuylkill at high Street. It is further ORDERED, that the Re- 
cords of the Public Road through the County of Chester, and till it 
falls in with the Road of Philadelphia County, leading to the said 
Ferry be searched, and that the same Persons of Chester County, 
who have already laid out the Road so far as in the above Return 
is mentioned, be continued on that Service, to bring the Road to the 
Verge of Philadelphia County, and when it falls in therewith, that 
Richard Harrison, Hugh Evans. Robert Roberts, Samuel Humph- 
reys, David George and John Warner, or any four of them, contin- 
ue the said Road to the Ferry aforesaid, at High Street, and make 
Report of the same to this Board. 
E. 



October 6th. Out of Council. 

Returns of the Elections of Sherifs and Coroners for the Counties 
of Kent & Sussex, being presented to the Governor, the following 
persons were Appointed. 

For the County of Kent. Daniel Rodeney & Csesar Rodeney 
being returned for Sherifs, and Nicholas Lockerman, & John Wells 
for Coroners, Daniel Rodeney is appointed Sherif, <Si' Nicholas Lock- 
erman Coroner. 

For the County of Sussex. Simon Kollock & Robert Smith being 
returned for Sherifs, and Joshua Fisher S/- John Clowes for Coro- 
ners, Simon Kollock is appointed Sherif, & Joshua Fisher Coroner. 
E. 



PROVINCIAL COUNCIL. 564 

At the Courthouse of Philadelphia, Oct. 12th, 1733. 

PRESENT : 

The Honourable the Lt. Governor, 
With some of the Magistrates. 

Fifteen Palatines, who with their Families, making in all Sixty 
two Persons, where imported here in the Ship Charming Betty, John 
Ball, Master, from London, were this day qualified as usual, <^ theix 
Names are : 

John Katner, Adam Spag, 

Geog. Michael Katner, Nicholas Burger, 

Henrich Meikle, Peter Stocker, 

Hans Peter Gruber, Hans Paul Vogt, 

Samuel Ludi, Johan Lang, 

Christian Andereck, Johan Lang, junr. 

Ulrich Lebeegoot, Nicholas Heltzel. 
Johan Lebeegoot, 
R 



At a Council held at Philadelphia, Octr, 15th. 

PRF.SENT : 

Tiie Honourable THOMAS PENN, Esqr., Proprietary. 
The Lieutenant Governor. 

James Logan, Samuel Preston, ; Esquires. 

Isaac Norris, Ralph Assheton, ) " 

The Proprietary was pleased to infcirm the Board, that by a Ship 
arrived here a few days since from London, he had the Satisfaction 
to receive what he hoped would effectually remove all those Doubts 
which had been raised, touching the Validity of the Lieutenant Gov- 
ernor's Powers. 

That his Brother & he in whom the Government, as well as the 
Property of the Province, is now vested, had on their humble Appli- 
cation to His Majesty, obtained His Royal Approbation of a new 
Commission, which they had thought proper to issue to the present 
Lieutenant Governor, whose past Behaviour had so well recommend- 
ed him to them, that they had readily joyned in continuing him in 
the Government of this Province & Counties. That the said Royal 
Approbation, together with an Instruction under His Majesty's Royal 
Sign Manual, directed to the Governor of Virginia, for Administering 
to the said Lieutenant Governor, the usual Oaths, and for taking 
the accustomed Security for the due Observance of the Acts of 

43 



565 MINUTES OF THE 

Trade and Navigation, having been transmitted to him, he now 
laid the same before the Board. Which being read, are as follows ; 

«< At the Court of Hampton Court, the 2d day of August, 1733. 

" PKESKNT.' 

y ^.?,'r",^, ^^. ':': " The King's most Excellent Majesty. 
:: gull Com. :: 



" Lord Chancellor, " Lord Delawar, 

" Lord President, " Mr. Speaker, 

" Lord Chamberlain, " Mr. Chancellor of the Exche- 

" Earl of Godolphin, quer, 

" Earl of Halilax, " Horatio Walpole, Esq. 

" Lord Harrington, " Sr. Charles Wager. 

" UPON reading at the Board a Report made by the Right Hoh- 
" curable the Loids of the ( omniitlte ol Ccuiicil, dated the first of 
'' (his instant, u[on ccnsideiiig a I epres^tntation of J( hn Pfnny 
" Thomas Penn and Richard Penn, Esquires, the only Surviving 
" Sons of the late William I enn, Es-quiie, ar;d Pit prieturs of the 
" Province of Pennsylvania, and Counties of Newcastle, Kent & 
" Sussex, on Delaware in America, letting foith, that during the 
" Minority of some of the Petitioners, Spiingett Penn, then Heir at 
" Law of the said \^ illiam Penn, but since deceased, and Hannah 
" Penn, Mother of the Petiii( ners, and EACcutrix of the said \A'i!- 
*' liam Penn, likevnse since deceased, did jo^ n in Nominating Pat- 
" rick Gordon, Esqr. to he Deputy or Lieutenant Go\ernor of the 
" said Province oiid Counties, who vv;is Approved as such by His 
" late Majesty's Urdt r in Council, dated Waich 11th, 1725, under 
** a Proviso that the said Mr. Gordon should Qualify himself accord- 
" intf to Law, and give such Security ps tl erein mentioned, and that 
»' the said Springettand Hannah Penn should make such Declaration 
*' as therein also Mentioned. That the Petitioners, since the De- 
*' cease of the said Spiingett and Hannah Penn, having thought 
*' proper to continue Mr. Gordon their Deputy in the said Govern- 
" ment, they most humbly pray His Majesty's most gracious Al- 
t' lowance and Approbation ol him, to be Deputy or Lieutenant 
" Governor of the said Province, he having already taken the Oath 
*' of Office and given the usual Secuiity on the former Occasion. 
«' By which Report it appears, that the said Loids of the Committee 
*' have no Ohjection to His Mnjesly's Declaring His Royal Appro- 
*' bation of this new Appointment of the said Patrick Gordon, to 
" the Office of Deputy or Lieutenant Governor ol the said Provmce 
" and Counties, by the Petitioners John, Thomas and Richard Penn, 
" thev having delivered to the Lords Commissioners for Trade and 
** Plantations, a Declaration made by them, under their hands and 



PROVINCIAL COUNCIL. 566 

** seals, in the usual Form, for saving the rights claimed by the 
l' Crown, to the three Lower Counlies of Newcastle Kent and Sus- 
" sex, on Delaware River, provided the Sviid Mr. Gordi)n do again 
" take the Usual Oath of Office, aiui give proper Security for his 
*' Observance of the Several Laws of Trad ti and Navigation, before 
" His Mcijesty's Lieut. Governor of Virginia, or Commander in 
" Chief of that Province, for the time being. HIS MAJLSTY this 
" day taking the said Report into His Royal Consideration, was 
*' pleased with the Advice of His Privy Council, to approve of the 
" said Patrick Gordon to be Deputy Governor of the said Province 
" of Pennsylvania, without Liraitaiion of time, and of the said three 
" Counties of Newcastle, Kent and Sussex, during His Majesty's 
" Royal Will and Pleasure only ; Provided that the said Patrick 
" Gordon do Qualify himself for that trust, in such manner as the 
•' Law requires, and give sufficient Security in the penalty of tv/o 
" thousand pounds, before His Majesty's Lieutenant Governor of 
" Virginia, or Commander in Chief of that Province for the time 
" being, for his, the said Patrick Gordon's, observing the several 
" Acts of Trade and Navigation, and Obeying such Instructions 
" relating thereto, as shall be froai time to time sent to him, by His 
*' Majesty, or any acting under His Royal Authority. 

W. SHARPE. 



" ADDITIONAL INSTRUCTION, for our Right Trusty and 
::::::::::::::::::::::: " Right Welbeloved Cousin, George, Earl of Ork- 
:: Locus :: " ney, Our Lieutenant and Governor General of 
:: Siifn Reg. :: " Our Colony and Dominion of Virginia, in Amer- 
':•:::::::::::::::::>:: " ica, and in his Absence, to the Lieutenant 
" GEORGE R. " Governor or Commander in Chief of Our 
" said Colony, for the time being. GIVEN at 
" Our Court, at Hampton Court, the third day of 
" August, 1733, In the Seventh year of our Reign. 
" WHEREAS, Our Late Royal Father was graciously pleased, 
" upon the Application of Springe t Penn, Esquire, Grandson and 
" Heir at Law of William Penn, Esqr. deceased. «fe Hannah Penn, 
" Widow, Relict and Executrix of the said William Penn, late Pro- 
" prietor and Governor in Chief of the Province of Pennsylvnnia, 
" in America, under certain Provisoes, to approve of Major Patrick 
" Gordon, to be Deputy Governor of the said Province, without 
" Limitation of time, and of the three Lower Courities of Newcrisile, 
" Kent 8r Sussex upon Delaware, during His Royal Will and Plei- 
" sure (inly: And Whereas, by the humble Representation to Us of 
" John Penn, Thomas Penn, and Ricliard Penn, Enquires, the only 
" SurvivintT Sons of the said late William Penn, they set forth, that 



567 MINUTES OF THE 

" the said Springftt & Hannah Penn being both Dead, they, the said 
•' John Fenn, Thomas Penn and Richard Penn, have continued the 
•' said Major Patrick Gordon in the said Government, and have most 
•' humbly prayed Our Gracious Allowance and Approbation of him, 
" to be Deputy or Lieutenant Governor of the said Province and 
*' Counties, We have been graciously pleased to condescend to their 
•' request, and have declared Our Royal Approbation of the said 
«' P.iirick Gordon, to be Deputy Governor of the said Province of 
»' Pennsylvania, without Limitation of time, and of the said three 
'' Counties of Newcastle, Kent ^- Sussex, during our Royal Will and 
*' Pleasure only, upon the said John, Thomas and Richard Penn's 
«' having made a Declaration under their Hands and Seals, in the 
" usual Form, for saving the Rights claimed by Us to the said three 
" Counties; Provided the said Major Gordon do qualify himself for 
" that Trust, in such manner as the Law requires, and give good 
" and sufficient Security, beiore you or the Commander in Chief of 
" Our Colony and Dominion of Virginia, lor the time being, to whom 
♦• he is to apply himself for that purpose, for the observing the Acts 
" of Trade and Navigation, and for his Obeying such Instructions 
" relating thereto, as shall be from time to time sent him from Us, 
" or any Acting under Our Royal Authority. Our WILL AND 
" PLEASURE therefore is, and We do hereby Authorize and Com- 
" mand you, to administer the Oaths required by Law to be taken, 
" by the said Patrick Gordon, upon this Occasion ; and the usual 
" Oath of Office. And that you do take, in Our Name, sufficient 
" Security in the Penally of two Thousand Pounds Sterling, for his 
" the said Patrick Gordon's, observing the several Acts of Trade 
" and Navigation, and obeying such Instructions relating thereto, 
" as shall be from time to time sent to him by Us, or any Acting 
" under Our Royal Authority. Which Securitys you are forthwith 
" to transmitt to Our Commissioners for Trade and Plantations, in 
" Order to be laid before Us in Our Privy Council. 

" G. R." 

The Governor, addressing himself to the Proprietary, returned 
hearty thanks to him, and the other Gentlemen ot his Honourable 
Family, for this fresh Instance of their great Favour and Kindness 
to him, & added, that it should be his constant Endeavour to demon- 
strate his Gratitude, by an exact and faithfull Discharge of his Duty 
towards their Family, and the Public, to the best of his Power and 
Ability. 

The Members having congratulated the Governor on his new Ap- 
pointment, and some inscourse having passed on his intended Jour- 
ney to Virginia, the Council Adjourned. 
E. 



PROVINCIAL COUNCIL. 568 

October KUh. 

The Representatives of the freemen of this Province, elected the 
first instant, having mett yesterday in Assen?bly, (the fourteenth 
falling on a Sunday,) and proceeded to the choice of a Speaker, no- 
tified the same by a Message to the Governor, why having appointed 
this forenoon for receivmg them, they attended accordingly. 

And Jeremiah Langhorne, Esquire, addressing himself to the Gov- 
ernor, acquainted him that the House had thought fitt to chuse him 
to be their Speaker, but he desired His Honour would please to direct 
them to proceed to the Choice of one more fitt to fill that Office, lest 
through his Insufficiency, the Publick Business should be impeded. 

The Governor answered, that having long entertained a good Re- 
gard for Mr. Langkorne, he very readily must approve of the Choice 
of the House, and could not doubt that Gentleman's Abilities for ex- 
ecuting the Office. 

The Speaker then made the accustomed Requests to the Governor, 
for the Maintenance of their Rights and Privileges, in the full use 
and due Exercise of which His Honour having assured them of his 
Protection, they withdrew. 



P. M. 

A Message from the House was brought to the Governor, that they 
intended with his Approbation, to adjourn to the 19th of November 
next; but His Honour having signified to them his intended Journey 
to Virginia, and that the 1 7th of December might be more Suitable, 
lest he should not be able to accomplish that Journey so soon as he 
could wish, the House agreed thereto, and adjounrned themselves ac- 
cordingly. 
E. 



At a Council held at Philadelphia, October 27th, 1733. 

PRESENT : 

The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 

James Logan, Clement Plumsted, ) r-^ 

T NT • -n 1 I A I .^ r Esquires. 

Isaac N orris, Ralph Assheton. ^ 

The Governor having imparted to the Board his Resolution of 
setting out tomorrow for Virginia, acquainted them, that as in his 
Absence the Care of the Pulilick would devolve on them, he had 
now called them together that he might name two Gentlemen, who 
with the Consent and Approbation of our Honourable Proprietary, 



669 MINUTES OF THE 

were judged proper to be added to the Number of Councellors, and 
by his Dircciion had been spoke with on this head. That the Mem- 
bers being but lew, and severals of them residing mostly in the 
Country, it had often been found difficult, on emergent Occasions, to 
gett a su(Ficient Number together to form a Council ; that therefore, 
an Addition is not only much wanted, l)ut at this Juncture is highly 
necessary. He then named Thomas Griffitts and Charles Read, 
Esquires. The Board Expressing their Satisfaction with this Nomi- 
nation, the said Gentlemen were introduced by two Members, and 
Mr. Griffitts having taken and subscribed the Affimations and Dec- 
larations enjoyned by Law to be taken, by those called Quakers, 
with au Affirmation for the faithful! Discharge of his Office as a 
Councellor. Mr. Read having also taken and subscribed the several 
Oaths and Declarations by Law directed, and an Oath fur the faith- 
full Discharga of his Duty as a Councellor, they took their Seats at 
the Board. 

The Governor then recommended to them the Preservation of the 
Peace of the Government, and whatever else concerned the Pub- 
lick, during his Absence, which he assured them should be as 
short as possible. The Members joyned in their good Wishes 
for the Governor's prosperous Journey and safe Return, and taking 
Leave of him, the Council adjourned. 

Great Numbers of the principal Gentlemen & Inhabitants of 
the City, came next day to pay their Compliments to the 
Governor, before his Departure, and waited on him to 
the Sloop, on board which His Honour, with the Gen- 
tlemen who intended to accompany him, embarqued in 
the afternoon. 
E. 



At a Council held at Philadelphia December, 1st. 
present: 
The Honourable THOMAS PENN, Esqr. Proprietary. 
The Honourable the Lieutenant Governor. 

James Logan, Ralph Assheton, "^ 

Isaac Norris, Samuel Hasell, ! ^ 

Samuel Preston, Thomas Griffitts, psquires. 

Clement Plumsted, Charles Read. J 

The Governor returning yesterday to Philadelphia, waited of the 
Proprietary, and now expressed his Satisfaction in meeting (he Mem- 
bers of Council, and on finding the Government in good Order and 
Tranquility, he thanked the Board for their Care, and they joyned 
in congratulating him on his sale Arrival in his Government. 



PROVINCIAL COUNCIL. 570 

He then informed tlie Proprietary and Board, that in Obedience to 
His Majesty's Commands, signified by the Instruction under His 
Royal Sign Manual, to the Governor or Commander in Chief of 
Virginia, he had waited on Mr. Gooch the Lieutenant Governor of 
that Colony ; had given Security, and taken the Oaths directed by 
Law before him, and had obtained a Certificat thereof under that 
Gentleman's hand, and the Great Seal of Virginia, whtch being pro- 
duced and read, is as followes : 

" WILLIAM GOOCK, Esqr., His Majesty's Lieutenaut Gover- 
" nor & Commander in Chief of the Colony and Dominion of Vir- 
" ginia. 

" To all to whom these present shall come : 

" I do hereby Certify and make known, that on the day of the 
•' date of these presents, Patrick Gordon, Esquiie, Lieutenant Gov- 
" ernor of the Province of Pennnsylvania, and Counties of Nevv- 
*' castle, Kent and Sussex on Delaware, personally came before me, 
" and pursuant to his Majesty'^s Pleasure, signified under his Royal 
" Sign manual and Signet, took the Oaths appointed to be taken, 
" instead of tiie Oaths of Allegiance and Supremacy, and the Ab- 
" juration Oath mentioned in the Act of Parliament, made in the first 
■" year of His late M ijesty's Rei^n, and subscribed the same, to- 
" gether with the Test, and took the Oath of his OfTice, for the due 
" observance of the Acts of Trade and Navigation. And I do fur- 
*' ther Certify, that the said Patrick Gordon hath also given Bon 1 to 
" His Majesty, with good and sufficient Security in the penalty of 
*' two thousand pounds Serling. for observing the said Acts of Trade 
■" and Navigation, and obeying such Instructions relating thereto as 
" shall be from time to time sent to him, by His Majesty, or any 
■" Acting under His Royal Authority; which Bond remains in my 
*' hands, to be transmitted to the Right Honourable The Lords Com- 
'^ missioners of trade, conformable to His Majesty's Royal Com- 
" mands, signified to me for that purpose. IN TESTIMONY 
*" whereof I have hereunto set my hand and caused the Seal of this 
" Colony to be affixed, at Williamsburg, the Fourteenth day of No- 
" vember, 1733. in the Seventh year of the Reign of Our Sover- 
" eign Lord, GEORGE the Second, King of Great Britain, &c. 

" WILLIAM GOOCH." 



Locus Sigilli 
Virginia? appens. 



The Proprietary then acquainted the Board, that having in his 
Custody a new Great Seal & Lesser One, bearing the Names of 
the present Proprietaries, he intended that henceforth these should be 
used instead of the old ones, and accordingly, the last being brought 



571 MINUTES OF THE 

into Council and delivered up to the Proprietary, he was pleased to 
putt the new Seals into the Governor's hands. 

Mr. Griflitts had the Custody of the late Great Seal, the Governor 
committed the keeping of the present One to iiim, who by Order^ 
affixed the same to the Commission from the Honourable the Propri- 
etaries to their Lieutenant Governor. 

The Proprietary then delivered the said Commission to the Gover- 
nor, who received it with becoming Expressions of Duty and Grati- 
tude towards his Constituents, and the same being read at the Boards 
was afterwards published at the Courthouse, together with His Ma- 
jesty's Royal Approbation, and the aforesaid Certificat from the 
Lieutenant Governor of Virginia, in presence of the C«iuncil ^ 
Mayor & Commonalty of the City, who had Notice to attend on 
this Occasion. 

It was moved and agreed that new Commissions should be foith- 
vr'iih issued to the same Persons now acting as Judges and Justices 
throughout this Province ^ Counties, unles there should be Reason 
for discontinuing some of them. 

It is Ordered that the Name of Lassee Bore be left out of the 
Commission of the Peace for Philadelphia City and County, and 
Evan Thomas be substituted in his Room, and that Henry Pastori- 
ous be added. 

That in the Commission for the Connty of Lancaster, the Name 
of Andrew Cornish be left out. 

And that in the Commission for Bucks County John Wells be 
added. 
E. 



At a Council held at Philadelphia, Deer. 17th, 1733. 

PRESENT : 

The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 

Isaac Norris, Samuel Hasell, 1 

Clement Plumsted, Thomas Griffitts, l» Esquires- 

Ralph Assheton. j 

The Assembly of the Province standing adjourned to this day, 
and His Honour intending to speak to them to morrow, laid before 
the Board a Draught of his Speech for their Sentiments of it, which 
being read, was with some small Alterations proposed bv the Coun- 
cil and assented to by the Governor, approved, and His Honour 
desired the Attendance of the board to morrow about noon, at which 
time he intended to send for the House. 

'Tis Ordered on the Motion of the Governor, that Edward Smout 



PROVINCIAL COUNCIL. 572 

and Derick Updegraaf, of the County of Lancaster, be added to the 
Justices assigned in the General Commission of the Peace for that 
County. 

E. 



At a Council held at Philadelphia, Deer. 18th, 1733. 

PRESENT : 

The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 
Clement Plumsted, 
Samuel Hasell, 
Thomas Griffitts. 

Thp House of Representatives being sent for, and attending with 
their Speaker, the Governor made the Speech to them which at the 
preceeding Council had been approved, and the same is in these 
Words : 

" Gentlemen: 

" The Business of the Country having at the last Sessions of the 
" preceeding Assembly, met with unforseen Obstructions. I resolved 
" at your first Meeting, to have recommended to you the Dispatch 
" of those AtTairs which the Publick Service more necessarily re- 
" quired, but having a few days before received Notice that our 
*' present worthy Proprietaries had done me the Honour of contin- 
" uiiig me their Lieutenant under a new Appointment, issued with 
'■ the Royal Approbation, and that it was incumbent on me, in pur- 
" suanceof an Instruction under His Majesty's Royal Sign Manual 
" then put into my Hands, to qualify myself thereto, by taking the 
" Oaths and executing the usual Security before the Governor of 
*' Virginia, I thought proper to defer Entring on any Business till I 
** had paid due Obedience to the Royal Commands, which being now 
*' fullfilled, it is with Pleasure I meet this Assembly, of whom J en- 
*' tertain so good an Opinion, that I am persuaded they will not omit 
*' any thing in their Power, conducive to the real Happiness of this 
^' Province, or the true Interest of those they represent. 

" Amongst the Matters formerly recommended by me, and yet 
^' remaining to be considered by the Legislature, there are two which 
" from their Importance will I hope, be the first Subjects of your 
" Attention ,• I mean the Regulations necessary in our Flour, and 
" the Revival of the Excise on I^iquors. The Credit of the main 
" Branch of our Trade, and the Interest as well of the Farmer as 
■" Merchant depend on the first, and without the other the Publick 
" Debts will, I am afraid, increase so much as to render a Provin- 
" cial Tax requisite. It may not be improper, while the last of 



673 MINUTES OF THE 

" these is under your Consideration, to enquire whether the Funds 
" appropriated for defraying the ordinary and exiraordinary Char- 
" ges of Govern?nent are Sufficient for that End. If they are not, 
" it will be incumbent on you to make further Provision, in such 
" manner as may best suit the Circumstances of the Province. 

" I forbear mentioning at present some other Affairs, because if 
" they do not arise from yourselves, in the Course of your I roceed- 
" ings, they may hereafter be communicated by Message, and shall 
" only add, that as we enjoy Peace under the Protection of a Sov- 
" eign who makes the good of His Subjects the Rule of His Gov- 
" ernnient, and are happy in Proprietaries who on all Occasions 
" manifest their Regard and Concern for our Welfare, We ought, 
" with a becoming Unanimity in general, and more particularly in 
" our Councils, to shew ourselves truly thankful, by pursuing those 
" Measures that may best advance the Reputation of this Colony, 
" and most effectually Contribute to the Advantage of all its Inhab- 
" itants, Irom whom I have, ever since my Arrival here, received 
" such Testimonies of Good will and Affection, as lay me under the 
" strongest Obligations of rendring them the most agreeable Services 
" in my Power. 



Decemr. 19th. 

The House Sent up the following Address to the Governor : 

♦' TO THE HONBLE PATRICK GORDON, ESQR. 
" Lieut. Governor of the Province of Pennsylvania, &c. 

" THE ADDRESS of the Representatives of the Freemen of the 
* ' said Province, in General Assembly met : 

" May it please the Governor : 

" It is no small Satisfaction to us, that those Difficulties which 
" obstructed the Publick Affairs of this Province are removed. 
" And it is with Pleasure we embrace the Opportunity now offered 
" us, Sincerely to congratulate the Governor on his being continued 
" by our Honourable Proprietor, their Lieutenant under a new Ap- 
" pnintment, issued with the Royal Approbation. 

" We are very sensible of the Obligations we are under for the 
*' good Opinion the Governor is pleased to entertain of us, And we 
" hope our future Conduct will demonstrate our Endeavours to sup- 
" port a Character so much to our Advantage, by our Readiness to 
♦* do every thing in our Power conducive to the real Happiness of this 
" Province, and Good of those we represent. 

" The Regulations necessary to be made concerning Flour ex- 
" ported from this Province, and an Act for continuing an Excise 
" upon strong Liquors, have been under the Consideration of the 



PROVINCIAL COUNCIL. 574 

" Assembly which preceeded Us, and had it not been for those Ac- 
" cidents the Governor has been pleased to mention, which obstructed 
" the Business of the Country, we conceive little had remained ne- 
" cessary for us now to do ; And those Obstacles being now happily 
" removed, we shall apply ourselves to the Consideration of those 
" Matters, in the manner their Importance justly deserves. 

" And although we have no Reason to doubt but that the Funds 
" appropriated ior defraying the Charges of Government are suffi- 
" cient to the End for which they are designed, Yet, if on further 
" Examination, any Dertciency should appear, we are willing to 
" make such Provisions as the Emergence may render necessary. 
" And that we conceive may etfectually be done without the Aid of 
*' a Provincial Tax, which at this Juncture would be unnecessary, 
" as well as unacceptable to our Constituents. 

" We gratefully acknowledge the Blessings of Peace which we 
" enjoy, under the Protection of a Gracious Sovereign, and our 
" Happmess \n Proprietaries who manifest their Regard and Con- 
" cern for our Welfare. And we desire with becoming Unanimity, 
" to pursue such Measures as may best advance the Reputation of 
" this Colony, and most ElFectually contribute to the Advantage of 
" all its Inhabitants, from whom in general, ^ from our selves, in 
" in particular, we hope such lurther Testimonies of Good will and 
" Affection may be added, as may continue the Governor's br^lina- 
" tions of doing hereafter as heretofore he hath done, the most agree- 
" able Services in his Power. 

" Signed by Order of the House. 

« J. LANGHORNE, Speaker. 



Decemr. 28 th. 

The Governor directed the Name of John Karnaughan to be left 
out of the General Commission of the Peace this day, issued lor the 
County of Chester. 



At a Council held at Philadelphia, January 3d, 1733-4. 

PRESENT : 

The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 

James Logan, Ralph Assheton, "^ 

Isaac Norris, Samuel Hasell, I p 

Samuel Preston, Thomas Griffitts, j>l^squires. 

Clement Plurasted, Charles Read, J 



575 MINUTES OF THE 

The Minutes of sundry preceeding Councils being read and ap- 
proved : 

A Bill sent up from the House Entituled : 

AN ACT for reviving an Excise on Wine, Rum, Brandy, and 

other Spirits, was read, to which divers Ohjections were made, and 

Amendments proposed, ihe drawing up whereof was, by Order of 

the Board, committed to Messrs. Logan, Preston, Plumsted & Read. 

E. 



At a Council held at Philadelphia, January 4th, 1733>-4. 

PRESENT 

The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 

James Logan, Clement Plumsted, } p 

Samuel Preston, Charles Read. S 

The Amendments to the Bill for reviving an Excise being drawn 
up, were this day considered by the Governor and approved, and 
the same ordered to be sent to the House with the Bill, Which Amend- 
ments were concluded with the following general Observations on the 
Bill: 

" Upon the whole of this Bill it will be necessary further to con- 
" sider, that the prevailing practice of drinking Rum in ihis Province, 
" and (he debauchery introduced by the vast Consumption of it is 
" the crying Sin and disease of the Country ; not only Numbers of 
*' Single Persons but Families are ruined by it ; therefore, nothing 
" can better deserve the ihnught and Application of the Legislature, 
" than to find out proper measures for giving a Check to, and res- 
" training, this Abuse, which must be allowed to be of much greater 
*' Importance to the welfare of the Country, than the raising of 
" Money from it. But by this Bill such a restraint does not appear 
" to be provided. The allowing no Person a permit who shall not 
" pay three pounds in the year for Duties, may in some measure 
" prevent the Increase of very small Retailers, but on the other 
" hand, it will encourage those who take Permits, to use all the 
" means in their Power to promote the Consumption, that they may 
" not pay any part of that three pounds for nothing. 

" There is no restraint on those fatal tippling places in the Coun- 
*' try, and in the outer Skirts of the town. Cellars, and such places ; 
" but the whole depends on the Officer's pleasure who, as he under- 
** takes the business with a view to his own gain, it cannot be ex- 
" pec,t,ed that he will take any measures to restrain or shorten the 
" Number of Retailers ; nor are the permitted Persons laid under 
*' any ties or Obligations to keep good Orders, so that from such a 



PROVINCIAL COUNCIL. 576 

" Power at large, the Inconveniences complained of may ratlier be 
" increased than lessened. But further it may be found difficult to 
" assign a good Reason why any other Persons than those, who 
" being licensed to keep publick houses, (are by the Laws and the 
" Security they give. Obliged to keep good Orders,) should be al- 
•' lowed to Retail any such Liquors, excepting only Mills, Stores 
" and Shops, all of whom should be made (ineable, if they suffer 
" any tippling where they sell, or any disorders to arise at their 
*' Mills, Houses, or respRctive Places, by means of the Liquors they 
" vend there. And this is most Seriouslv recommended to the Coii- 
" sideration of the House, that now, on this Occasion, the best pro- 
" vision may be made that can be thought of, against those vast 
" Disorders that tend, not only to the Dishonour and Reproach of 
" the Government, but to the Ruin of so many of the Inhabitants. 
E. 



At a Council held at Philadelphia, January 9th, 1733-4. 

PRESEIMT : 

The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 

James Logan, Ralph Assheton, ~1 

Isaac Norris, Samuel Hasell, > Esquires. 

Samuel Preston, Thomas GritFatts. J 

Clement Plumsted, 

The Minutes of the two proceeding Councils being read & ap- 
proved : 

The Governor acquainted the Board, that in a late Law Suit in 
England some Dispute had arisen, touching a Law of this Province, 
which, tho' repealed by His late Majesty, had been contended not to 
be effectually repealed, because it was not done in the manner di- 
rected by Charter, to wilt: Under the Privy Seal. That this being 
suggested to some in the Ministry, and it being hinted that several 
other Laws had been repealed in the like manner, Notice had been 
taken of it by them to Our Honourable Proprietaries, to v\ hom it 
was proposed to consent to a Bill, to be brought into Parliament, for 
confirming all those Repeals that had been made, whethei by Order 
in Council, Proclamation or otherwise, than enjoyned by theC'harter, 
but Our Proprietaries being rather inclineable to confirm those Re- 
peals by a Law, to be passed in this Province, had directed him to 
mention it to the Assembly, upon which he was now to advise with 
the Board. 

After some time spent herein, It is continued under the further 
Consideration of the Board. 

The Governor then mentioned the repeated Instances made to him 



677 MINUTES OF THE 

bv Mr. Paris, the Agent, for establishing the Agency on a better foot- 
intJ- than it now stands, by passing a Law for his Appointment, and 
asceriaining the Allowance to be made to him, and to this purpose, 
several Extracts of a Letter Irom the Agent to the Governor were 
read : the (jovernor then making some Observations on the necessi- 
ty of such an Appointment, desired the Sentiments of the Members 
on the Subject. 

It it the Opinion of the Board that the Governor should, at the 
most most proper time, move this matter to the House, laying be- 
fore them such Extracts from the said Letters, as he may think ne- 
cessary. 
E- 



P. M. Present. 

The Lieutenant Governor and the same Members as before, except 
Messrs. Hasell and Griffitts. 

The Bill for reviving an Excise with the Amendments of the 
Council, and some further Amendments of the House, was again 
sent up, it appeared that the House had agreed to several of those 
proposed by the Board, and rejected others. On Consideration of 
those last, the Board continued to insist that some further Notice 
should be taken than in the Preamble of the Bill only, of the Debt 
due to the Loan Office; the following Amendment was therefore 
drawn up, and being agreed to, is ordered to be sent down with the 
Bill: 

" It appears evident to the Governor in Council, that some further 
" Directions for the Payment of the Arrears of the £l3(J0 is neces- 
" sary, and he is of Opinion that when the Assembly reconsiders 
" it, they will be equally sensible of the same, for that Sum is lent 
" from the Loan Otiice by a Law it directs the Payment by Laws 
♦' which are now all expired, and therefore, as it was lent by a Law, 
" the like Security should he provided for the Payment of it. It's 
" proposed the following Clause should be inserted instead of that 
" beginning at the Letter N. 

" And the said Treasurer, out of the moneys by him lo be received, 
" of the Collectors aforesaid, shall duly pay into the Trustees of the 
'f Grneral Loan Office of this Province, th^ Quotas yet lemaining 
" unpaid, of the said 'I'ldrteen hundred Pounds, as the same shall be- 
" come due, in the manner directed by ihe first recited Act, for making 
" cuireiit Thirty thousand Pounds in Bills of Credit, & for the Re- 
" mainder of the said Moneys, shall be accountable to the General 
" Assembly of this Province." 



PROVINCIAL COUNCIL. 578 

The Bill Entituled : 

AN ACT to prevent the Exportation of Bread and Flour not 
Merchantable, being sent up from the Mouse was read. But it being 
late in the night, the Consideration thereof was adjourned till to mor- 
row morning at Nine a clock. 
E. 



At a Council held at Philadelphia, Janry. 10th. 

PRESENT : 

The Honourable PATRICK GORDON, Esqr., Lieutenant Cover, 
nor. 

James Logan, Clement Plumsted, "J 

Isaac Norris, Thomas Griffitts. [-Esquires. 

Samuel Preston, J 

The Bill to prevent the Exportation of Bread and Flour not mer- 
chantable, was again read, and Sundry Amendments proposed, which 
being drawn up, are Ordered to be sent down with the Bill. 
E. 



Janry. 11th. 

The House having again sent up the Excise Bill, t^* acquainted 
the Governor that they had agreed to the Amendments by him 
proposed, the Bill was approved and returned to the House. 
E. 



At a Council held at Philadelphia, Janry. 14th, 1733-4. 

PKKSENT : 

The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 

Clement Plumsted, Thomas Griffitts, ") 

Ralph Assheton, Charles Read. [►Esquires. 

Samuel Hasell, J 

Th(> three preceedlng Minutes being read and app>-oved, A Bill 
Entituled : 

AN ACT the better to enable William Fishbourn to discharge 
the Debt due from him to the Trustees of the General Loan Office 
of this Province, was read, and agreed to without Amendment. 



579 MINUTES OF THE 

The Bill to prevent the Exportation of Bread and Flour not mer- 
chantable, was ayain sent up with the Amendments offered by this 
Board, and it appearing that the House had rejected two of them, 
touching the subsequent Appointment of Officers, in case of Death 
or Removal, of those named in the Bill, the House in isting that the 
Appointment should be by the Assembly as in the Bill, and the 
Board insisting that the same should be by Act of Assembly, the Board 
entred into the further Consideration of that Point, &; observing that 
the House, by rejecting these Amendments, seemed to deny the Right 
of the Governor in any Subsequent Appointment, are of Opinion 
that the House be desired to reconsider these Amendments, and that 
the Sentiments of the Governor, in the following Words, be at the 
same delivered to the House : 

" As no Act by which any Officer is to be appointed can be in 
" force, till the Governor, in whom, by the I.aii;.uiige not only of 
'' the Royal Chartei, but also of the Acts thenibelves, at least one 
" half of the Power of Legislature is invested, thinks fitt to a[)prove 
" ^ concur with the same, So it must appi ar inconsistent that any 
" future Appointment should be made, lor executing any such Act, 
" without the like Concurrence. The Governor therefore thinks it 
" incumbent on him, not so much in Regaid to himself, as in behalf 
" of the Proprietor's Original Rights, to declare that he conceives he 
" has an Equal Power in nominating any Subsequent Officers that 
" he has at first. 
E. 



At a Council held at Philadelphia, January 17th, 1733-4. 

PRESENT : 

The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 

Samuel Preston, Samuel Hasell, "| 

Clement Plumsted, Thomas Griffitts, vEsquires. 

Ralph Assheton, Charles Read, J 

The Bill to prevent the Exportation of Bread and Flour not mer- 
chantable, being again sent up to the Governor with a Verbal Mes- 
sage from the House to this Kflect : 

That it was far from their Interest or Inclination to intrench upon 
the just Rights of the Proprietaries, or the Powers of the Governor, 
but the Words excepted against being the same used in the Act now 
in force, for regulating Bread and Flour, they hoped the Governor 
would not misinterpret their insisting on the present Bill, to be in this 
Point, the same with the former. 

The Board entring into the Serious Consideration hereof, and 
weighing the Advantages that may accrue to the Province, from the 



PROVINCIAL COUNCIL. 5^0 

Regulations intended by the present Bill, and the Danger of loosing 
the whole Bill, by insisting too closely on the proposed Amendments, 
the Governor offered to the Board a Paper containing the following 
Message, which being read, Messrs. Preston, Assheton, Hasell and 
Griffitts, concurred in the same Sentiments with those of the Gover- 
nor, expressed in the Message, but Messrs. Plumsted and Read dis- 
sented, and desired Leave to extend their Reasons on the Minutes of 
this Board. 

Which Message is in these Words : 

" The Governor is still of Opinion that the Amendments he propo- 
*♦ ses are for the Reasons already assigned, just and reasonable, and 
" would, if agreed to by the House, render the Subsequent Appoint- 
*' ment of Officers less liable to Exception. But as the Words con- 
^' tended for by the House, stand in the same manner in the Act now 
*' in force for regulating Bread and Flour, and as this Bill is thought 
" to be of very great Importance to the whole Province, the Gover- 
«' nor will not so far insist on the Amendments at present, as to 
*' risque the loosing of so beneficial a Bill ; still conceiving that by 
♦'these very Words: "UNTIL THE ASSEMBLY APPOINTS 
'' ANOTHER," no Appointment can be made but in a regular and 
<' proper manner, to which his Concurrence must still be believed 
*' necessary." 

And the same, together with the Bill, is ordered to be sent down to 
the House. 

The Governor then laid before the Board the Draught of a Mes- 
sage, to be likewise sent to the House, touching the Agent, &, the 
same being read was approved, and is as followes : 
" Gentlemen : 

" I have received divers Letters of late from Mr. Paris, the Agents 
*' complaining of a Defect in the manner of his Appointment, which 
" he proposes to be remedied by an Act establishing the Agency, and 
*' ascertaining a competent yearly Allowance for it, and I doubt not 
" but in his Letter to the Committee of Correspondence, he has wrote 
" in much the same terms. It must be acknowledged that his Ac- 
" counts run high, and beyond what has been generally known in 
" this Province, but it will be necessary to consider that this Gov- 
" ernment has not, hitherto, had an Affair to negotiate that required 
*' an Expence in any measure comparable to what must naturally 
•' be expected to attend a Matter of such Importance, carried on by 
" the united Interest of these wealthy Sugar Islands, which all the 
" Northern Colonies being on the other hand obliged to oppose, it 
" can scarce be thought possible that our Agent joyningin the com- 
*' mon Cause, could act in a manner altogether disproportionate to 
" that of our Neighbours, but 'tis to be hoped that such an Occasion 
** will rarely present again; yet if it should so happen, we ought not 

44 



5ei MINUTES OF THE 

" to be wanting to ourselves. And as you are fully sensible of the 
" Advantage it is in all such Cases, to have an able and Experienced 
•* Person in Britain for the managing and transacting the necessary 
" Business of the Province, I must recommend to you, that when 
" other matters relating to the Agent are moved in your House, you 
" will take into Consideration what is proposed by him, and make 
" such Provision for rendring his Powers compleat, and for enabling 
" him cliearfuUy to apply himself to our Affairs, by a suitable En- 
" couragement, as the necessity of the Appointment, and the Fatigue 
" and Trouble it occasions, does require. 

" P. GORDON." 

Came in, James Logan, Esqr., to whomthe foregoing Proceedings 
being imparted, he joyned in Opinion with Messrs. Preston, Assheton, 
Hasell and Griffitts, touching the Message on the Bread and Flour 
Bill. 

A Bill to the same effect with what had been proposed by the Gov- 
ernor to the Council, on the 9th instant, having taken Rise in the 
House, and being by them sent up, Entituled : 

An Act for confirming the Repeal of divers Laws of this Pro- 
vince, was then read and considered, and with a small Amendment 
agreed to, are Ordered to be returned to the House. 
E. 



At a Council held at Philadelphia, Janry. 19th, 1733-4. 

PUESENT : 

The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 

James Logan, Ralph Assheton, ^ 

Samuel Preston, Samuel Hasell, \ Esquires. / 

Clement Plumsted, Thomas Griflitts. } 

A Bill sent up from the House, Entituled : 

An Act for the more easy Recovery of small Debts & for amend- 
ing the Practice of the Law, was read, on Considering which many 
Objections arising, the following Message was prepared and Ordered 
to be sent down to the House with the Bill. 

" From the Governor in Council, to the House of Representatives. 

" Scarce any thing contributes more to the Honour of a Govern- 
" ment than the Goodness of its Laws, which ought always to be 
»' concise and plain, as well as just, and all Parts of the Legislature 
*» should use their utmost Application to render them such. But this 
♦' Bill called An Act for the nioreeasy Recovery ofSmall Debts, &c. is 
♦' so far from being thus qualified; that besides its being exceeding long 
" and ill expressed, it can never, as 'tis conceived, answer the End 



PROVINCIAL COUNCIL. 582 

*' proposed by it, or contribute to the Ease of the Subject. It re- 
" quires an unreasonable Attendance of the Justices ; it lays a Bur- 
" then on Constables which is no part of their Duty, nor within the 
" Intendment of their Appointment, and requires more of both these 
" Officers than can be expected from many of them, who must ne- 
" cessarily be appointed in Parts where others more capable are not 
'' to be found. It puts the Creditor in many Cases, in a worse Con- 
*' dition than he would be without it, and enables the Debtor to per- 
" plex and give his Creditor more Trouble than before. 'Tis certain 
•' the whole Practice of the Courts wants to be reformed, and it is a 
" crying Oppression that easier methods are not found to obtain 
«' common Justice in most Cases, and more especially in those of 
<' small Debts, but 'tis plain what is here proposed will by no means 
'' answer that End, therefore, it will be requisite to consider of some 
«' summary Method more practicable. 

" By Order of the Governor in Council. 

" ROBT. CHARLES, Sec'ry." 
Two Resolves of the House on the Subject of the contraverted 
Amendments to the Bill for preventing the Exportation of Bread and 
Flour not merchantable, having been yesterday delivered to the 
Governor, were now read at the Board, and are in these Words : 

" Resolves of the House of Representatives upon the Subject of 
" the Governor's Message of Yesterday, vizt : 

" 1 Resolved : 

" That this House is of Opinion, that as well by the known and 
" constant Acceptation of the Word Assembly, as by divers Laws of 
" this Province, and particularly the Act for regulating Elections, 
*' The Representatives chosen and met are the Assembly of this 
*' Province ; And that though the Governor's Concurrence in Acts of 
" Legislation be necessary, yet when the Assembly of this Province 
" are, by Laws, authorized to do any act, his Concurrence is not 
" necessary. 

2. " Resolve : 

" That least the Silence of the House upon the Subject of the 
" Governor's Message should be interpreted into an implicit Con- 
" currence with his Sentiments upon this Head, the Resolve above 
" mentioned be entred upon the Minutes of this House, and that the 
" Governor be acquainted therewith. 

" By Order of the House of Representatives. 

"J. GROWDON, Cler. Conv." 
On which some Observations being made, the further Consideration 
of the said Resolves was deferred. 



&83 MINUTES OF THE 



P. M, Present; 
The Honourable the Lieutenant Governor. 
Ralph Assheton, T 
Thomas Griffitts, i.Esquires» 
Charles Read. J 

The Bill for the more easie Recovery of small Debts was again 
sent up from the House, with the following Resolve, in answer to the 
Governor's Message of this Day. 

" Upon reading the Governor's Message of this day, 
" Resolved, 

" That the Message sent from the Governor with the Bill Enti- 
" tuled An Act for the more easie Recovery of small Debts, &c., is 
'' conceived in such General terms, that the House are at a Loss to 
" understand what is intended by the same ; forasmuch, therefore, as 
" the Governor hath declared his Sence of the Grievances proposed 
" to be redressed by the Bill, The House is of Opinion that the same 
" be awain recommended to the Governor, with the request of this 
" House, that he will be pleased to reconsider the same by the next 
" Sessions and give a more particular Answer concerning it. 
" Signed by Order of the House. 

" J. GROWDON, Cler. Conv." 
A Verbal Message was brought from the House by two of their 
Members, acquainting the Governor that they intended to adjourn 
to the 12th of August next, to which His Honour agreed. 

The Engrossed Bills that had passed the House with the Gover- 
nor's Concurrence, having been compared with their Copies, and the 
House attending according to Order, the Speaker presented the Four 
foUowino- Bills to His Honour, for his Assent, which were accord- 
ingly passed into Laws, and the Great Seal of the Province ordered 
to be thereunto affixed; which Laws are : 

An Act to prevent the Exportation of Bread and Flour not mer- 
chantable. 

An Act for reviving an Excise on Wine, Rum, Brandy and other 
Spirits. 

An Act for confirming the Repeal of divers Laws of this Pro- 
vince. 

An Act the better to enable William Fi?hbourn to discharge 
the Debt due from him to the Trustees of the General Loan 
Office. 

The Speaker then presented the Governor with an Ordpr of the 
House on the Trustees of the General Loan Office, for Six hundred 
pounds, in part of the current year's Support, for which His Honour 
having thanked the House, they withdrew. 
E 



PROVINCIAL COUNCIL. 5S4 

At a Council held at Philadelphia, May 10th, 1734. 



The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 

James Logan, "J 

Isaac Norris, y Esquires. 

Samuel Preston. J 

A Petition of divers Inhabitants of the Counties of Philadelphia 
and Bucks was read, setting forth the great Want of a Publick Road 
from the great Swamp, in the last men'ioned County, to the Road 
leading through North Wales, to Edward Farmer's Mill; which 
Road they conceive may be commodiously laid out from George 
Scabey's Mill along by Thomas Fletcher's Mill, to the Plantation of 
David Jenkins, from thence to the County Line at the East branch 
of Parkeoman Creek, as near John Mayer's Mill as a convenient 
Ford can be found, and from thence into the said North Wales Road, 
leading to Edward Farmer's Mill, and praying that proper Persons 
may be appointed to lay out the same accordingly. 

The Prayer of which Petition being granted, IT IS ORDERED, 
that Joha Bartholomew, John Roberts, Blacksmith, John Edwards, 
James Robinson, George Packman and John Lester, of the 
Counties of Philadelphia and Bucks, Yeomen, or any four of them, 
View and lay out by Course and Distance the said Publick Road, 
so as the same may best Answer the Publick Service, and with as 
Mtle Damage as may be to any private Persons, and make return 
thereof, together with a Draught of the same, to this Board. 
E. 



At a Council held at Philadelphia, May 14th, 1734. 

PRESENT : 

The Honourable THOMAS PENN, Esqr., Proprietary. 

The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 

James Logan, Ralph Assheton, "| 

Samuel Preston, Samuel Hasell, VEsquires. 

Clement Plumsted, Thomas Griffitts. J 

The Proprietor informed the Board, that the Business now to be 
considered by them, relates to some very unneighbourly Proceedings 
of the Province of Maryland, in not only harrassing some of the 
Inhabitants of this Province who live on the Borders, but likewise in 
extending their Claims much farther than had ever heretofore been 
pretended to by Maryland, and carrying off several Persons and im- 
prisoning ihem ; that sometime since they carried off John Hendricks 
and Joshua Minshall from their Settlements on Sasquehannah, and 



585 MINUTES OF THE 

still detain them in the Goal of Annapolis ; that of late two others 
have been taken from the Borders of Newcastle County, and carried 
likewise to Annapolis ; that as these men will probably be brought 
to a Trial at the ensuing Provincial Court of Maryland, he had 
spoke to Andrew Hamilton, Esqr., to appear for them, but as these 
violent Proceedings tend manifestly to the Breach of His Majesty's 
Peace, and rendring all the Borderers insecure, both in their Persons 
& Estates, he was now to advise with the Council on such Measures 
as are most fitt to be proposed, for maintaining Peace between His 
Majesty's Subjects of both Provinces. 

Then was read a Letter from the Lieutenant Governor of Mary- 
land to the Lieutenant Governor of this Province, dated the 24th of 
February last, with an answer of the latter thereto, dated the 8th of 
March following, On which some Observations being made, the 
Proprietor said that he intended to make use of the Opportunity of 
Mr. Hamilton's going to Annapolis, to press the Lieutenant Governor 
of Maryland to enter into such measures as should be most advisea- 
ble, for preventing such irregular Proceedings for the future, and 
as he designed that his Secretary, Mr. Georges, should accompany 
Mr. Hamilton, he had drawn up Instructions for them, which 
being laid before the Board, were read, as was likewise a Draught 
of a Letter irom the Lieutenant Governor of this Province to the 
Lieutenant Governor of Maryland. On Consideration thereof had, 
the Board are of Opinion that the proposed Measures are absolutely 
necessary at this time, for Securing the Peace of His Majesty's Sub- 
jects, and the said Instructions, together with the foregoing Draught, 
being approved and ordered to be entred on the Records of Council, 
the Governor is desired to grant such Credentials to the Persons en- 
trusted with the Negotiations, as may shew them fully authorized 
by this Government for the Purposes in the said Instructions con- 
tained. 

An Omission in this Minute Supply'd by an Entry after Minute of 
July 25th, 1734. 
E. 



May 25th. 

By the Governor's Order a special Commission was issued, as- 
signing Joseph Haines of West Nottingham, in the County of Ches- 
ter, a Justice of the Peace, and of the Court of Common Pleas for 
the said County. 



PROVINCIAL COUNCIL- S86 

At a Council held at Philadelphia, June 20th, 1734. 
present: 
The Honourable PATRICK GORDON, Esqr., Lieut. Governor- 
James Logan, Esqr., Ralph Assheton, Esqr. 
Isaac Norris, Esqr., Samuel Hasell, Esqr., 
Samuel Preston, Esqr., Thomas Griffilts, Esqr, 
Clement Plumsted, Esqr., Charles Read, Esqr. 
Thomas Laurence, Esqr., 

The Governor acquainted the Board, that the Honourable Thomas 
Penn, Esqr., one of the Proprietaries of this Province, having some 
time since received from the Commissioners appointed by virtue of a 
Commission from the Honourable John Penn, Thomas Penn and 
Richard Penn, Esquires, Proprietaries of this Province, bearing date 
at London, the l;^th day of May, 1732, for the execution of certain 
Articles of Agreement, concluded between the said Proprietaries and 
the Right Honourable Charles, Lord Baltimore, Lord Proprietary of 
the Province of Maryland, bearing date the tenth day of May afore- 
said, for the running, marking and laying out the Lines, Limits and 
Boundaries between the Province of Pennsylvania, Counties of New- 
castle, Kent & Sussex, on Delaware, and Province of Maryland 
their Report of their Proceedings towards the Execution of the said 
Commissioners, the said Proprietary had directed him to take proper 
Measures with the Concurrence of this Board, for having the same 
proved in the most Authentick manner. 

Which being considered by the Board, IT IS RESOLVED that 
the said Commissioners, upon their respective Oaths or Affirmations 
to be Administred in the presence of the Board, by one of the Judg- 
es of the Supreme Court of this Province, may Declare to the truth 
of the said Report, and that some Persons of Credit & Reputation, 
•now in Philadelphia, as are known to have an Intention of Trans- 
porting themselves in some short time to Great Britain, be also called 
to be present at the Board when such Oatlis and Affirmations are 
administered & subscribed. 

And accordingly, Thomas Grseme, Esquire, one of the Judges of 
the said Court, being called on, came into Council, and at the Council 
Board Administered to the Honourable Patrick Gordon, Esquire, 
Andrew Hamilton, Esqr. and Robert Charles, Gentleman, three of 
the said Commissioners, an Oath on the holy Evangelists, and to 
Isaac Norris, Samuel Preston, James Logan, Esquires, & James 
Steel, Gentleman, the other four of the said Commissioners, being of 
the People called Quakers, a Solemn Affirmation, according to Law, 
that the said Report, which in one Copy is contained in Eighty seven 
Pages, in another in Ninety two Pages, and in a third in Ninety five 
Pages, is a true and faithfull Narrative of the Substance of what 
passed between them and theCommissioners on the part of Maryland, 



587 MINUTES OF THE 

at the several Meetings where they and each of them respect- 
ively were present, agreeable to the Minutes carefully taken by some 
of their Number, at the times when such Meetings were held, or 
very soon thereafter, to the very best of their knowledge, and that 
the several Papers which have passed between the Commissioners on 
each side and are transcribed in the Report, having been with all 
possible Exactness compared with the Originals remaining in the 
hands of the Commissioners of Pennsylvania, and found to agree 
therewith. 

Which said Oaths and Affirmations were Subscribed by the said 
Judge and Commissioners, in presence of John White and Samuel 
Mickle, of Philadelphia, JVlercliants, John Richmond and William 
Spaffbrd, Mariners and Commanders of Ships, now lying in the Port 
of Philadelphia, aforesaid, and bound for London, who also Signed 
as Witnesses to the same, as appears by an Entdorsement at the close 
of each Copy of the said Report. 

And it is further ORDERED by the Board, that a Copy of this 
Minute of Council be annexed to each of the three Copies of the 
said Report, and that the Great Seal of this Province be thereunta 
affixed. 
E. 



At a Council held at Philadelphia, July 25th, 1734. 

PRESENT r 

The Honourable THOMAS PENN, Esqr., Proprietary. 

The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 

James Logan, Ralph Assheton, 1 

Samuel Preston, Samuel Hasell, i-Esquires^ 

Clement Plumsted, Charles Read. j 

The Minute of the 14th of May last being read & approved, the- 
Proprietor acquainted the Board that Messrs. Hamilton & Georges 
being some time since returned from Maryland, had lately made a 
full Report to him in writing of their Proceedings, in pursuance of the 
Instructions and Authority they had received from this Government, 
■which having been given by & with the Advice & Concurrence of this 
Board, he thought it incumbent on him to lay before them the Result 
of that Negotiation. 

The Report aforesaid, together with a Letter from the Lieutenant 
Governor of Maryland, brought by these Gentlemen, in answer to 
that from the Lieutenant Governor of this Province, Mentioned m 
the aforesaid Minute of Council, were read, and ordered to be entred. 
on the Records of this Board. 



PROVINCIAL COUNCIL. 588 

The Proprietor then observing that Reference is made in the 
Close of the said Report to some Minutes taken at the hearing before 
the Provincial Court of Maryland, said that these not having been 
yet delivered to him, he had desired Mr. Hamilton to attend this 
Board to inform them herein, who being sent for, came into Council 
and gave a Narrative Verbally, of the Proceedings had in the said 
Court against those who were carried off Prisoners from this 
Government, and the Arguments he had advanced for obtaining their 
Discharge. As some of these last gave great Satisfaction to the 
Board, it was desired of Mr. Hamilton, that reducing the same under 
proper heads, he would committ them to writing, that they might be 
entred on the Records of Council, to be had Recourse unto on the like 
Occasions, which he undertook to do. 

The Board acknowledging the great Care & Diligence of Messrs* 
Hamilton & Georges in the Execution of their Commission, and 
entring into the serious Consideration of what had now been laid 
before them, Observed that from the whole of what had been trans- 
acted, it must appear abundantly evident that notwithstanding the 
specious and ample Professions made by the Governor of Maryland 
of his Readiness and Willingness to joyn in any amicable measures 
for preventing all Occasions of Differences between the two Provinces, 
yet his Behaviour in this last Instance,and the whole Procedure of that 
Government for some time past, had demonstrated a very different 
Disposition ; And that it now remained to be considered what further 
Steps may be necessary to be taken, for the Security and Quiet of 
the Inhabitants. Whereupon it was moved and unanimously agreed 
to, that Directions should be forthwith given to the Magistrates of the 
several Counties within this Government, requiring them to exert their 
utmost Endeavours for preserving the Publick Peace, and at the same 
time that they prevent, by all possible means, any just Occasions of 
Complaint from our Neighbours of Maryland, they take the most eflTec- 
tual Care in their Power for the Protection and Defence of the People, 
especially those on the Borders, from any Insults on their Persons 
or Attempts on their Possessions, by those who pretending Right 
to or claiming Lands within this Province, under that Colour do pre- 
sume to molest the Inhabitants ; that they be vigilent and diligent in 
causing to be apprehended and secured, all such Disturbers of the 
Peace and Invaders of the Just Property of His Majesty's peaceable 
Subjects within this Government, to the end they may be brought to 
condign Punishment. And that herein the Magistrates proceed ac- 
cording to Law, and as far as that will warrant them. And it is 
Recommended to the Governor to issue his Orders accordingly. 

The Proprietor representing further, that several People had ap- 
plyed to him for Grants of Lands on the West side of Sasque- 
hannah, and in consequence thereof that Magistrates should be ap- 
pointed amongst them, The Board are of Opinion that some discreet 
and prudent Persons should be commissionated for preserving the 



M§ MINUTES OE THE 

Peace, to the Northward of the Line agreed on by the last Articles 
of Agreement, concluded between the respective Proprietaries in 
1732. 

The Governor then informed the Board, that he was under no 
small Concern to hear that a House lately built in Walnut Street, in 
this City, had been sett apart for the Exercise of the Roman Catho- 
lick Religion, and is commonly called the Romish Chappell, where 
several Persons, he Understands, resort on Sundays, to hear Mass 
openly celebrated by a Popish Priest ; that he conceives the tolera- 
ting the Public Exercise of that Religion to be contrary to the Laws 
of England, some of which, particularly the 11th & 12th of King 
William the third, are extended to all His Majesty's Dominions; but 
those of that Perswasion here imagining they have a right to it, 
from some general Expressions in the Charter of Privileges grant- 
ed to the Inhabitants of this Government by our late Honourable 
Proprietor, he was desirous to know the Sentiments of this Board on 
the Subject. 

It was Observed hereupon, that if any part of the said Charter 
was inconsistent with the Laws of England, it could be of no force, 
as being contrary to the express terms of the Royal Charter to the 
Proprietary. But the Council having sate long, the Consideration 
hereof was adjourned till the next meeting, and the said Laws and 
Charters were then ordered to be laid before the Board. 
E. 



Omitted to be entred in the Minute of May 14th, 1734. 

A Petition of divers Inhabitants of the City and County of Philadel- 
phia, Owners of Lands or Meadow Grounds in Wicacoe, was read, 
setting forth that by virtue of an order of this Board, several years 
since, a Road was laid out from the South end of Second Street, in 
Philadelphia, to the Point of Land on Delaware, opposite to Glouster 
in New Jersey, but the same being judged not so convenient, an Or- 
der was afterward issued for reviewing it, of which no Return was 
made; that the said Road is now more frequented than formerly, but 
is in divers places enclosed by Persons through whose Lands the 
same was laid. And therefore, praying that some indifferent Per- 
sons may be appointed to review and lay out the said Road. 

The Prayer of which Petition being granted : 

IT IS ORDERED, that Ralph Assheton, James Steel, George 
Fitzwaier, Philip Johns, Charles Cox and Joseph Wharton, or any 
fpuf of them, review the said Road already laid out, and alter the 
same Where it shall be found necessary, in such manner as may be 
most eommodious for the Publick Service, and with as litle Damage 



PROVINCIAL COUNCIL. 590 

as possible to those Persons through whose Lands the said Road shall 
run, And, with a Draught of the same, to make Report thereof to 
this Board. 
E. 



Follows the Report of Messrs. Hamilton & Georges, mentioned 
in the preceeding Minute of July 25th : 

" To the Honourable Thomas Penn, Esq., one of the Proprieta- 
*' ries of the Province of Pennsylvania, and Counties of Newcastle, 
*' Kent and Sussex, on Delaware. 

" Sir: 

' You having been pleased to honour us with proper Powers from 
" your Government of Pennsylvania, to treat, and if pos-ible, to 
" conclude with Col. Ogle, Lieutenant Governor of the Province of 
" Maryland, on some certain Terms, by which the Peace amongst 
*' His Majesty's Subjects inhabiting near the Borders of these two 
" Governments, where the right to the Lands have been disputed, 
" might be secured till such time as either the Boundaries should be 
*' absolutely run, or His Majesty's Pleasure known therein, and His 
" Commands received, we conceive it our Duty to lay before you a 
" Narrative of what passed between the Governor of Maryland and 
" ourselves thereupon, with Copies of the several Papers we deliv- 
" ered to His Excellency, and the Originals we received from him. 

" We arrived at Annapolis on the twentieth of May, about sun 
*♦ sett ; soon after coming to our Lodgings Mr. Georges and An- 
*' drew Hamilton, Junr., went to speak with our People, to wit : the 
" Rothwells, John Hendricks, and Joshua Minshall, in Prison, but 
" were not suffered to see them till the next Morning, when going 
" again, they were after some time admitted to the Speech of the 
*' Prisoners, who gave them an Account of their Uneasiness, in a 
*' must unwholesome Prison, as likewise, the best Account they could 
♦' of the several Charges alledged against them ; soon after this, to 
*' wit : about ten of the Clock of the same Day, we waited upon 
" Governor Ogle, at his House in Annapolis, and delivered him a 
*' Letter from the Lieutenant Governor of your Province of Pennsyl- 
" vania, and at the same time acquainted him that we were sent 
" from your Government to concert proper Measures with him for 
" the Preservation of the Peace and good Neighbourhood between 
" the two Governments, and to desire the Discharge of Four of our 
•« Inhabitants, who were imprisoned at Annapolis, by order of the 
" Government of Maryland, to which he was pleased to answer, 
" that he was mighty ready to enter into any Measures with the 
" Government of Pennsylvania which might best answer that pur- 
" pose, and at the same time took occasion to say our Inhabitants 



691 MINUTES OF THE 

" were imprisoned for much greater offences than probably we wen 
" aware of; to which we answered, that we had no other way lo comi 
" at the Knowledge of the Cause of their Imprisonment but by thei: 
" several Commitments, and by these, as we conceived, there seemec 
*' scarce a colour for such proceedings as had been taken agains 
" them ; we added further, that supposing the offences were reall; 
" committed, and as great as his Excellency was pleased to alledge 
" yet the Place where they were committed, as well as that wher 
'• the Men were taken, was clearly beyond all the former Claim 
" of Maryland, and therefore, it was our Opinion the Men were ver; 
" hardly dealt by. 

" Governor Ogle began to enumerate the many Abuses the In 
" habitants of Maryland had suffered from those of Pennsylvania 
" and that since his Accession to the Government of Maryland, h 
" had taken all possible Care to be entirely on the Defensive side 
" and was resolv'd to continue so ; but at the same time said h 
" could not suffer Lord Baltimore's Right to be so violently incroach 
" ed upon, and his Character so publickly affronted within his Lord 
" ship's own Government ; for, added he, we claim no bounds bu 
*' what are given to his Lordship by the express Words of his Char 
" ter; however, he expressed his Willingness to enter into any rea 
'* sonable Measures for preserving Peace, and to shew his readiness 
" proposed our meeting him in Council next day, about ten of th 
" Clock, at his own House, to which we readily agreed, and then h 
" was pleased to invite us to dine with him that day, which we dii 
" accordingly. 

" When we parted from him in the Afternoon, we applied ourselve 
" to the Consideration of your Instructions, and as well in Obedienc 
" to your Commands, as to prevent any Mis-interpretation or Mis 
" representation of what we should say the next day, we judged i 
'* necessary to reduce into Writing the heads of what we were h 
" propose, in doing of which we were to led by the hints given u 
" by his Excellency the day before, to depart in some things fron 
•' the precise Form prescribed in your Instructions. 

" On the twenty second day we waited on his Excellency, at hi 
" own House, according to Appointment, where were present th 
" Lieutenant Governor himself, Collonel Tillghman Ward, Benja 
*' min Tasker and Edmund Jennings, Esqrs., with divers other Mem 
" bers of Council. Governor Ogle was then pleased to inform thi 
" Council, that he had received a Letter from the Lieutenant Gover 
" nor of Pennsylvania, &c., by which he understood that we wen 
" appointed by that Government to enter into Measures with that o 
*' Maryland, for preventing any Misunderstanding among the PeopL 
♦' living upon the Borders of the two Provinces, untill we could re 
" ceive His Majesty's Pleasure concerning the same, and then pro 
" ceeded to say how agreeable every thing was to him that had th( 



PROVINCIAL COUNCIL. 593 

" Appearance of Peace, and how carefull he had been on his part to 
" keep his People from committing or doing any thing that might 
" give Offence to the Government of Pennsylvania ; that he was 
" glad to find our Government seemed at last to agree to what he 
" had long agoe proposed in his Letters to the Governor of Penn- 
'' sylvania, (vizt,) to lay these unhappy Mis-understandings before 
" His Majesty, and in the mean time to forbear making any Incroach- 
" ments upon one another, which he thought was the most likely way 
♦' to preserve Peace among the People. Much more was said, but 
•' all to the same purpose, yet he fixed upon nothing certain by 
" which the Extent of the Jurisdiction of the respective Governments 
" could be known. We then represented briefly, that whatever his 
*' Excellency's Care or Knowledge might be, we were well assured 
" the People living under the Government of Pennsylvania had of 
'• laie been very ill used by those of Maryland, and that some of 
" us had lived long enough in Pennsylvania to be Witnesses of a 
" very different Behaviour on our part to the People of Maryland, 
" when under Confinement for the most violent Outrages committed 
" upon our Inhabitants; that one of us was personally concerned in 
" procuring some of the Inhabitants of Coecil County to be discharged 
" without so much as paying the common Fees of their Commit- 
" ments, which at that time was accounted, even by the Parties 
" themselves, a generous Treatment on the part of Pennsylvania. 
" Therefore, as to what had passed before His Excellency's time, 
" we insisted he was not truly informed, and as to the Dirterences 
" mentioned by him since his coming to the Government, we con- 
'< ceived in every Instance the People of Maryland were the Aggres- 
" sors, and in the wrong, unless it were in the single Instance of 
" Mousey, which (however it might turn out by the Evidences on 
" the part of the Prosecutors,) we thought was a silly, senseless 
" scuffle, much below the Notice of a Government, or Lord Propri- 
" etor, especially considering the Provocation on the other side. — 
" But as Altercations of this kind did not seem to be the way to pre- 
" vent such Difierences for the future, we requested of his Excellency 
" to propose some Method, some Way or Means, by which the Bu- 
•' siness we came about might be effected. Whereupon he said, that 
" he had long agoe wrote to the Governor of Pennsylva. his Thoughts 
" upon this Subject, and that he was still of the same Opinion ; that 
'• they ought to joyn without Delay in representing to the King the 
" unsettled State of the two Provinces, and the Necessity of His 
" Majesty's Interposition. 

" We finding this Method of Treaty was not like to produce any 
" certain Conclusion, delivered to his Excellency a written Repre- 
" sentation. Vide, No. 1., which being read in Council, His Excel- 
" lency was pleased to say he would lake time till next day to give 
" an Answer in Writing : we then parted. 



595 MINUTES OF THE 

" manner. But without entering into the reasonableness or unreasona- 
*• bleness of the conduct of the Commissioners of either side, we said 
«' there was some instances to be given of the conduct of some 
" Gentlemen in Maryland, which we had never yet heard reconciled, 
" to this extraordinary desire on the part of Maryland to execute the 
" Articles in any sense. And that was the spreading abroad and 
" fixing up publick printed Advertisements within the Counties of 
" Newcastle, «fc,c., signifying that the People who hold any Lands 
" within Lord Baltimore's Province of Maryland, by virtue of any 
" Grants, not deriving them Irom Lord Baltimore, would receive no 
" favour unless they speedily applied to the Government of Maryland. 
*' And lest these should not be understood to intend the People of the 
*' three Counties on Delaware, it seems due Care was taken to put 
*' them into hands that should explain them ; but to put that matter 
" beyond doubt, Governor Ogle's Letter to Parson Jones speaks plain, 
" & desires the Parson to inform the People of his Lordship's cer- 
" tainty of having every Inch of the three Lower Counties, &, his 
*' Resolution to let such of tiie People as should behave well to his 
" Lordship, enjoy their Lands for a trifle, which Gover'r. Ogle was 
" pleased to say he thought was the greatest Happiness that could be 
" to the People. 

" To this there was no Answer made, but Governor Ogle said the 
" multiplying Words signified nothing; he had made a fair Proposi- 
" tion in his Paper of that day, & if we had any intention to do what 
*' we professed, he was ready to join with us, Si repeating often the 
" Words : if we had any Intention or Design to agree upon some 
" Measures to preserve the Peace, & likewise offering to repeat some 
" part of what he had said the day before, we thought our words & 
" Meaning both much Mis-represented ; dz. this led us to complain of 
" being unkindly used, in questioning our Sincerity after what we 
" had said, both by word & writing, & how necessary we thought it 
" was to have some Persons present who might be Witnesses of what 
" passed between us, so as to prevent our being misrepresented. — 
" This drew on a long Conversation concerning the People & Offi- 
" cers of the two Governments, which ended in some warmth, oc- 
" casioned by the Freedom used in comparing the Officers of Penn- 
" sly vania with those of Maryland, either in respect to their Au- 
" thority or Understanding. But least upon our Application to the 
" Court, we should be referred to the Governor to know his Pleasure, 
" we judged it most proper to get him to declare himself in the Case 
" of those Men, which we did accordingly, by insisting positively 
" upon the Men's being discharged. Whereupon, he declared they 
" were under Prosecution in the Provincial Court, which was then 
" Sitting, & that he should not interpose but let the Law take its 
'' course, or words to that Effect. To which we answered, that as 
" they were under Prosecution at the Suit of the Proprietor, & some of 



PROVINCIAL COUNCIL. 596 

*' thein committed by the Governor Si, Council, he was the proper 
*' Person to put a stop to any turther Proceedings, but he persisting in 
'* his having lett tiieiu to the Law, & therefore would not intermeddle, 
*' we took the Liberty to say, we wished he had not intermeddled at 
" all; for, as the Offences with which ihey were charged were of 
'• that Nature for which any inferiour Magistrate might well have 
*• bound them over, ihere could bt; no need of his Kxcellency's ia- 
'^ terposition, unless it were to influence the Judges to be of his Opin- 
*' ion when the Cause should come to l>e heard in Court, & so we 
*' parted that day, after which time Governor Ogle troubled himself 
*' no more with the formality of a Council. 

" In considering Governor Ogle's Pa[)€r, afier we went to our 
*' Chamber, we were not both Satisfied that it was proper for us to 
*' agree to join in a Representation to his Majesty, but rather that the 
" Proprietors themselves, or their Lieutenant Governors, should do 
^' so, & at last we concluded upon a Paper, (vide No. 3.) tlie Ori- 
" ginal of which we delivered to Governor Ogle, at his own House, 
'• on the twenty fourth of May ; Governor Ogle received us without 
" any Form & with Civility, as if nothing had passed the day before ; 
" he promised us an Answer by the next morning, & so we left him. 
" We then took into our further Consideration the Case of the 
" Prisoners, and pursued the Measures we had before proposed, of 
*' applying to the Court by way of Petition. 

'• On the twenty fifth Governor Ogle sent to our Chamber, by Mr. 
" Ross, the Clerk of the Council, a written Paper dated that Day, 
*' signed by himself, (Vide No. 4.) 

• " As from our first wailing on Governor Ogle, we had no reason 
*' to expect any Success in the Business we were sent to transact, we 
■" now saw plainly by his last paper, he was resolved to evade doina 
" every thing that might prevent any further Differences upon the 
" Borders, & observing the ill use he made of our saying we were 
" well assured our Proprietors or their Lieutenant Governor would 
" readily join in a Representation to His Majesty, & that he had con- 
*' strued these words into our thinking ourselves not sufiiciently 
" qualified to join with him in what he called his just and reasonable 
" Propositions, We, to remove that objection, drew up a Paper v^- 
*' delivered the same to him, on the twenty seventh of May, ^ which 
*' would have been delivered sooner, but we were obliged togiveour 
" Attendance at Court, where the Case of the Prisoners was then 
" under Consideration, Vide our Paper delivered this day, No. 5. 

" After this we heard no more from Governor Ogle, tho' we staid 
" till the thirtieth of the Month; in the meantime, we made the most 
" pressing Instances to the Provincial Court, to have our People dis- 
*' charged, but that could not be granted, lest it should be understood 

45 



597 MINUTES OF THE 

" -^s giving up liis Lordship's Right to the Lands in Question, as 
'• aiipears by the Minutes of these Men's Case, taken at the hearings 
'' & to which we begg leave to referr, so being denied any Relief 
•' for the Prisoners by the Provincial Court, & Governor Ogle having 
^' taken no Notice of what we said of proposed in our i aper of the 
" twenty seventh, we thought a longer stay could be to no Purpose, 
" and therefore, agreeable to your Instructions, we resolved, before 
" we should leave that place to represent to Governor Ogle the just 
" Reason your Government had to complain of the unwarrantable 
" Proceedings of Maryland, & the absolute Necessity they were 
'' under to take proper Measures for the protection of His Majesty's 
^ Subjects under the Government of Pennsylvania & three lower 
" Counties, & accordingly, on the thirtieth of the Month we drew up 
" a Memorial in the best Manner we could, in so short a time; but 
" Governor Ogle being said to be indisposed that day, John Georges 
'' and Andrew Hamilton, Junr.., (his Father being indisposed with the 
" Gout,) vvaited on Governor Ogle ihe next morning, being the thirty 
•' first day of May, & delivered tohima Memorial in writing, in be- 
•' half of your Government, which he received, & without reading 
'' it desired his Compliments might be made to Mr, Gordon, & all 
•' those that he knew at Philadelphia, (V, wished us a safe return, 
'» &c. 

" Upon coming back to our Chamber, Ric'mrd Bennet & James 
" HoUiday. Esqr., one of the Provincial Judges, happened to be with 
" Andrew Hamilton, & Mr. Holliday readily agreed to take the Oath 
" of John Georges &; Andrew Hamilton, Junr., to the delivery of the 
" said Memorial to Governor Ogle, which Memorial, with the sworn 
" Certificate of its Delivery, is contained in No. 6. 

•' The foregoing is a brief Account of what passed between Gov- 
'• ernor Ogle tV us at Annapolis; the written Papers herein referred 
" to are their own Evidences, & the other Facts, iho' they may not 
>' be related so largely, or in the very same Words in which they 
'• were spoken, are yet so far true in Substance as they are here set 
" forth. We are. 

Sir, Your most obedient & most humble Servts. 
" A. HAMILTON, 
"JOHN GEORGES." 
Philadelphia, 15 June, 1734. 
E. 



Papers referred to in the foregoing Report. 

" No. 1. 
" To His Excellency Samuel Ogle, Esqr., Lieutenant Governor oJ 
" the Province of Maryland. 



PROVINCIAL COUNCIL. 598 

^' Sir: 

" The Government of Pennsylvania observing with much Concern 
'' the liUe Proceedings of the Government of Maryland against some 
*' ol" His Majesty's Suljjects inhabiting the said Province of Pennsyl- 
" vania, & Counties ol' Newcastle, Kent & Sussex on Delaware, 
" hciih ordered us to represent to you, that the Province of Mary- 
'' land & the Province of Pennsylvania, with the Counties aforesaid, 
" having never hitherto had their Bounds (lying contiguous to each 
" other) so certainly determined or fixed but that there has always 
*' been Room for Disputes between the Borderers on both sides, con- 
" cerning their Claims & Possessions, and that divers such Disputes 
'• have happened, which have occasioned Complaints, to the great 
''Uneasiness of the respective Proprietaries; For remedying oi 
" of which Inconveniences it was mutually stipulated in February 
" 172.'3-4, between the present Lord Proprietary of Maryland & the 
" late Mrs. Penn, as Executrix of the last Will & Testament of the 
' late Honourable William Penn, Esqr., Proprietor of the Province 
'' of Peniisvivania &; Counties aforsd : '• That for avoiding all 
" manner of Contention or Differences between the Inhabitants of 
" the said Provinces, no Person or Persons should be disturbed or 
" molested in their Possessions on either side, nor any Lands be sur- 
' 'veyed, taken up or granted, in either of the said Provinces, near 
■' the Boundaries, which have been claimed or pretended to on either 
' side;" which Agreement was to continue for the space of eighteen 
' Months from the Date thereof. In v.-hich time it was hoped the Boun- 
" daries would be determined & settled. But tho' the said Bounda- 
" ries were not settled within that time, yet the Governors of both 
" Provinces being convinced of the '^ 'bligations they were under to 
" preserve the Peace between His Majesty's Subjects, thought them- 
" selves obliged to act Agreeably to that Stipulation, only as to that 
'• part of it relating to new Surveys. We take leave to say the same 
" was not so strictly observed on the Part of Maryland, and after- 
" wards, for the putting a friendly End & Accommodation to the 
" said Disputes & Diflerences, ujion some Overtures made by the 
" Right Honble the Lord Baltimore, Articles of Agreement between 
" his Lordship &. the present Proprietaries of Pennsylvania & said 
" Counties, were made & concluded in the year 1732, and Persons 
" appointed for the executing of the same, agreeable to the Tenour 
" of the said Articles. In which agreement a most carefull Provi- 
*' sion was made for the Ease & Security of all His Majesty's Sub- 
" jects, whose Estates or Possessions should be affected by the same. 
*' And altho' the siid Articles happen'd not to be executed, yet it 
" cannot be denied but that the Description of the Southern Boun- 
" daries of Pennsylvania may be very nearly discovered without 



599 MINUTES OF THE 

^' new actual Surveys. Notwithstanding which, two of his Majes- 
'-' ty's Subjects, to wit: John Hendricks & Joshua Minshall, Inhab- 
" itants of Lancaster County, setled upon Lands legally Surveyed 
" and patented to them, under the Proprietors of Pennsylvania, on 
" the west side of Sasquehannah, have been taken at their own Hons- 
" es, which are at least eight Miles to the Northward of Philadelphia;, 
'' & about twenty three to the Northward of the Line agreed upon 
" by the aforesaid Articles, to be the Northern Bounds of Maryland, 
" which Line runs near the Mouth of Octarara Creek, to the North- 
»• ward of which Maryland has never exercised any Jurisdiction, 
" except over three Families, that is known to Pennsylvania, till 
" within these "2 or S years, about the time when an absolute Boun- 
" dary was agreed upon by the Proprietors, tho' Pennsylvania has 
" maintained its Government as far Southward as the Mouth of the 
" said Creek for above these thirty years. And, as if the Governor of 
'- Maryland had resolved to put His Majesty's Subjects within the 
" Province of Pennsylvania <^ the said Counties under the greatest 
" Hardships, Two other Persons, to wit: Thomas Rothwell, junr. , 
" & Jared Rothwell, Inhabitants of Newcastle County, seated upon 
'• a Tract of Land legally surveyed under the Proprietors of Penn- 
" sylvania & Counties aforesaid, abour. Forty eight years ago, & 
" actually settled above twenty years ago, by Persons who have 
" constantly done Suit & Service in the County of Newcastle, (and 
'' to which the Inhabitants of Maryland can lay no Claim, that we 
" know of, unless by some late Survey, which can operate i othing 
" in this Case,) have been taken from their own Habitations, within 
" the said County of Newcastle, where they settled & lived in peace, 
*' without the least Offence given to any Person, by the Officers of 
*' Maryland, &■ forcibly carried to Annapolis, & kept in Goal under 
'' very severe Confinement, to this day, on pretence of their being 
" guilty of violently encroachinginto some Lands lying in CcncilCoun- 
" ty, held under the lit. Honblethe Lord Proprietary of Maryland, 
" which they claim under the Proprietaries of Pennsylvania. Which 
" proceedings We conceive to be very extraordinary, especially at a 
" Time when, tho' the Lines agreed upon by the Articles are nofc 
" actually run, yet are by that Agreement so well ascertained, that 
" unless it be resolved upon to disregard every thing that has for- 
" merly been observed for the Preservation of the Peace betweei* 
" the two Governments, there can be no Room for such Measures as 
" have been taken in the Case of the Persons before mentioned. — 
" But as it is not certainly known to the Government of Pennsylva- 
" nia, how far that of Maryland is acquainted with these Proceed- 



FROViNClAL COUNCIL. 60© 

" ings, We take leave to say that the above Facts, as far as We caa 
" judge or be inforrri'd, are truly represented, & therefare conceive it 
" our Duty to request your Orders for the Discharge of the Persons 
" before mentioned, who are imprisoned by the Authority of yonr 
" Government. And likewise, ihat altho' the Lines between the two 
" Governments be not actually run, Yet, as it is most necessary 
'' that for the Preservation ef the Peace there should be some cer- 
" tain Jurisdiction, that every Person may know to what Laws ^f 
" Magistracy He is a-ccountable, We do, on P>ehalf of t'he Govern- 
" ment of Pcnnsylva. & the Counties oj NewcastFe, Kent & Sussex, 
" on Delaware, earnestly request that you will be pleased to concurr 
'* with that Government in Measures by which the Peace amongst 
" all Kis Majesty's Subjects, (in that part of the-Couniry to which 
" the Right has been disputed,) may be secured untill such time as 
*' the Boundaries be absolutely run, or till His Majesty's pleasure b<; 
'' known therein, which 'tis conceived may very easily be done in a 
■*' M.innerthat shall not projudicc the Claims of either Proprietor. — 
" And this 'tis hoped, will be thought both just & necessary, for a^' 
*' much as not only the Preservation of the Peace is a principal Duly 
*' which both Governments ecjually ov/e to His Majesty, But be- 
*' cause such Proceedings against innocent Persons are contrary to the 
" Laws of Humanity, & can contribute nothing to the putting an End 
" lo any Disputes that may subsist between the Proprietors of Penn- 
■" sylvaniaaiid of Maryland, about the Bounds of their ^respective 
-^^ Provinces. 

" We are, 
" Sir, 

*• Your Excellency's 
*' Most obedient & most humble Serv'ts. 
♦' A. HAMILTON, 
" JOHN GEORGE?."' 
Annapolis, 

2v5d May, 1734. 
E. 



" No. £. 

" Gentlemen : 

" As the Governor of Pennsylvania, by his Letter of the 14th 
■'* Instant, delivered by yourselves, acquainted me that you were ap- 
*' pointed lo treat with me on the subject of establishing Peace on the 
*'■ mutual Borders of the two Provinces, &secureing the Peace of His 
A' Majesty's Subjects, till such Time as His Majesty can be applied to. 



601 MINUTES OF THE 

" and His Pleasure known therein, T must assure you that nothing 
'• could be more agreeable to my Sincere Wishes & constant Rcsolu- 
" tions, than that Design of your coming hither. And to satisfy you 
'' that lactas I profess, I shall purposely omit takinglNoticeofthe ma- 
" ny Suggestions contained in your Paper of this day, delivered to 
" me, lest the Necessity I should be under in Answer thereto, of 
'■ shewing the very palpable Mis-representations therem, might pre- 
" vent, or at least delay the good Ktfectof our amicable Dispositions. 
" And therefore, I shall only desire you \yill immediately join with 
'• me in an Application to His Most Gracious Majesty, with our hum- 
" ble & dutifuU Request, that he will be pleased to take into His just and 
" wise Consideration, the Mischiefs arising from the Uncertainties of 
" the Boundaries of our respective Governments, & determine & fix 
" the same as He in His Wisdom & Justice shall be graciously 
" pleased to order and direct. 

" And further, I am very willing, not only by our joint Endeavours 
" to remove & discourage any new Settl ments on the Borders, which 
'' have been made since my Administration of this Government, but 
" also by Proclamations in each Glovernment, to forbid &. deter any 
" Person within our respective Governments from making any oiher 
'• new Settlements on the Borders until His Majesty's Pleasure shal't 
" be known therein, pursuant to such Application. And I hope this 
" appears so reasonable & proper, that you will, on the Part of the 
" Government of Pennsylvania, readily concur herein with, 
" Gentlemen, 

" Your most humble Serv't. 

'^ SAM. OGLE. 

" Annapolis, 

" 23d of May, 1734." 

This was enclosed & addressed : 
"To 

" Andrew Hamilton & John Georges, Esqrs." 

Ej 



" No. 3. 

" To His Excellency Samuel Ogle, Esqr., Lieutenant Governor 
*' of the Province of Maryland : 

"Sir: 

" It is with great Satisfaction We find in your Paper delivered tO' 
^' us yesterday, such a Readiness to join with the Governor ofPenn- 
" svlvania in Measures thait may preserve the Peace amongst His 



PROVINCIAL COUNCIL. 6U^2 

*■• Majesty's Subjects living upon the Borders of the two Governments, 
" and Wo, on the part of Pennsylvania, do assure your Excellency, 
" that as it was for this good Purpose we were sent here, so we arc 
" now ready to agree upon any Bounds that shall be judged reasoiia- 
'' ble, for limiting the present Jurisdiction of the two Governments, 
'' without prejudice to the Right of the Proprietors thereof; And 
" that Proclamations shall be issued to forbid all Persons within the 
" respective Governmcnls from making any new Settlements near the 
" Borders, on the severest Penalties. And We are ready further, to 
" agree to remove any new Settlements that have been made upon 
" such Bounds as shall be agreed upon, lest the same may disturb 
" the Quiet of either Government, untill the Boundaries be actually 
" settled between the Proprietors themselves, or untill His Miijesty's 
" Pleasure be known therein. And as we are well assured a Rcpre- 
" sentation to His Majesty will be most agreeable to our Government, 
" we do not in the least doubt but that our Proprietors, or their Lieu- 
'* tenant Governor, will readily joyn with the Rt. Honble the Lord 
" Proprietor of Maryland, or yourself, in such a one as may best 
" conduce to put an end to the Misunderstandings that have arisen 
"' between the two Governments, bv Reason of the present Uncer- 
■" tainty of the respective Boundaries. 
" We are, 
" Sir, 

" Your Excellency's 

" iVIost obedient & most humble Servts. 
" A. HAMILTON, 



JOHN GEORGES 



" Annapolis, 

" 24th May, 1734. 
E. 



" No. 4. 
"^ To Andrew Hamilton and John Georges, Esqrs : 
" I had great Pleasure in believing, as well by the Letter from the 
'• Governor of Pennsylvania as by your Paper of the 22d Instant, 
*' that you were invested with sufficient Powers to agree to any rea- 
" sonable Proposals for the accommodating the present Disputes, & 
'• preventing any of the like kind for the future, And upon this 
" Hope, I otTored the particular Methods mentioned in mine of the 
" 23d Instant, as very reasonable, & tiie most proper for those desi- 
" rable Ends, But since to my very great concern, I perceive by 
" your Paper of yesterday's date, delivered to me this day, that you 



603 MINUTES OF THE 

" think yourselves not sufficiently authorized to jpyn with mc in mv 
" just and reasonable Propositions, I can only hupe, that on your 
'• Return to Pennsylvania you will receive more araole Powers lor 
" your Agreement with, 

" Gentlemen, 

*^' Your most humble Servant, 

*' SAM. OGLE. 
" Annapolis, 

" 25th May, 1734. 
E. 



" No. 5. 

" To His Excellency Samuel Ogle, Esqr. Lieutenant Governor ol 
-' the Province of Maryland : 

" Sir: 

" We had no reason to doubt but the Satisfaction we expressed in 
•■ 'our Paper of" the 24th Inst, at the OHers you were pleased to make 
" of joining with us in such Measures as might preserve the Peace 
" amongst the Inhabitants living upon the Borders of the tuo Gov- 
"' ernments, must have convinced your Excellency thit We conceived 
" ourselves fully authorized to do whatever might tend to theaccom» 
" plishing that necessary Work. For Iho' we were, as we still are 
'* of Opinion, that Measures might be tai%en for preventing any fur- 
" ther 13isl!iirbances upon the Borders, without any Representation 
" to His Majesty, and that it would be most proper for the Proprietors 
*' of the Provinces of Maryland & Pennsylvania, or their Lieulen- 
'* ant GovernorSjto join in such a Representation as they should agree 
"■ upon ; Yet rather than so good a Work as the restoring Peace lo- 
" the Inhabitants of the two Governments should be delayed, We 
" are ready on the part of Pennsylvania, (at the same time that We 
*' agree upon some reasonable Boundaries for limiling the Jurisdic- 
" tion of the two Governments, ) to joya with your Excellency in a 
" just Representatioa to His Majesty, of the Uncertainly of the 
" present Boundaries between the two Governments, occasioned by 
" not executing the Articles of Agreement, solemnly Entered into 
" & concluded between the Right Honblethe Lord Proprietor of Ma- 
•» ryland & the Honble the Proprietor of Pennsylvania & Counties 
*■• of Nevvcnstle, Kent & Sussex on Delaware, in May, 1732 ; And 
" to pray His ^lajesty, that He will be graciously pleased to inler- 
" pose & Enjoin the Execution of the said Agreement, according 
'■^ to the true Intent &; Meaning thereof, in such Manner as His 



PROVINCIAL COUNCIL 604 

'• Majesty shall please to direct. In which Representation We hope 
'• vour Excellency will readily agree with, 
'' Sir, 

" Your Excellency's 

" Most obedient humble Servants, 
" A. HAMILTON, 

" JOHN GEORGES. 
" Annapolis, 

" 27th May, 1734." 
E. 



" No. 6. 

" To His Excellency Samuel Ogle, Esqr., Lieutenant Governor of 
" the Province of Maryland. 

" Sir : 

" It would be an unnecessary trouble again to repeat the several 
" Applications that have been made by us on the Partofthe Govern- 
" mt. of Pennsylvania to your Excellency, for your Concurrence in 
" Measures to preserve the Peace amongst His Majesty's Subjects 
" living upon the Borders of Maryland & Pennsylvania, t^'c.,& which 
'' We conceived could best be done by agreeing upon some Bounds 
" for limiting the present Jurisdiction ot' both Governments, until! 
" Mis Majesty's Pleasure should be known therein, without piejudice 
" }o the Right of the I'roprietors thereof 

" This will appear abundantly plain, by the Several written Repre- 
" sentations which we have delivered to your Excellency since our 
" coming to this place, on the "iOth Inst., and it will likewise appear 
•' by the Several papers we have received from your Excellency, on 
" the Part of Maryland, in what manner you have answered our Re- 
" quest. 

" Our Endeavours with your Excellency for discharging four of 
" the Inhabitants of Pennsylvania S,- Counties of Newcastle, Kent 
" & Sussex on Delaware, taken by Order of your Government from 
" their own Dwellings, within the Government of Pennsylvania, were 
" entirely disregarded, t^' ^'^ referred to the Courts of Law, where 
•' you was pleased to say those Persons were under Prosecution, tho' 
" it is manifest that two of them, (vizt :) Thomas Rtjthwell, Junr., 
" Si Jared Rothwell, have been settled upon Five hundred Acres of 
" Land granted under the Honble William Penn, Esqr., late Proprie- 
'• tor of the Province of Ponnsylva., & the Counties aforesaid, by his 
" Commissioners of {""roperty, about forty eight years ago, & po- 
" sessed under the said Government above twenty years, by the said 
" Rothwells ^' their Father, who have constantly done Suit & 



605 MINUTES OF THE 

*' Service to the County of Newcastle, & \vitl)out Interruption Irom 
'* any Person, except by one James Heath, lately deceased, who laid 
" Claim to some Part of the said Lands by a very late Survey 
" made in Right of Maryland ; And others of the said Persons, 
" (vizt :) John Hendricks .'^' Joshua Minshall, are settled upon Lands 
" in Lancaster County, in the said Province of Pennsylvania, held 
"under the Proprietors thereof, at least eight Miles to the North- 
'• ward of Philadelphia, & twenty three to the Northward of the 
" Bounds agreed upon by the Lord Baltimore & the Proprietors of 
" Pennsylvania, in the year 1732. And that Wc might leave no 
*' Means unattempted for the Relief of these injured Men, (wholiave 
" been most unwarrantably confined in a loathsome Goal above 
*' three Months, from their own Houses, & in a strange Place, with- 
" out any means to subsist on,) We applied to your Provincial Court, 
'' & in order to induce that Court to discharge the Prisoners, We 
" shew'd, as we conceive, in the clearest Manner, that the Lands 
" upon which these Men live & were taken, are not within the Pvo- 
" vince of Maryland. We made it manifest that in the year 1632, 
" (the time when Lord Baltimore obtained his Patent from the Crown,) 
" & long before the Dutch & Sweeds were possessed of all that 
" Tract of Land on the West side of Delaware Bay & River, now 
" called the Counties of Newcastle, Kent & Sussex on Delaware — 
" And that the same Lands in 1664, were taken from the Dutch by 
" the English, 4' afterwards retaken from the English by the Dutch, 
" & in the year 1674, finally surrendered to the English; And that 
" Lord Baltimore never had possession of the said Tract of Land to 
" this day, but hath Subsisting against him, upon his two several Peti- 
" tions, two solemn Decisions, vizt : one made in Council in the year 
" 1685 by His Majesty, King James the '2d, & the other by Her 
" late Majesty, Queen Anne, in Council, in the year 1709, by both 
" which He stands excluded from any Pretence of Right to the said 
" three lower Counties. 

" It was further stated to the said Provincial Court, that Lord 
" Baltimore had, in the year 16S3, taken upon him to determine the 
" Northern Bounds of his own Province, without the Consent of the 
" Proprietary of Pensylvania, by running a Line from the Mouth of 
" Octorara Creek, (which falls into the River Sasquehannah,) Kast- 
" ward to the River Delaware, And that in the year 1742. by Ar- 
" tides of Agreement solemnly concluded between the Lord Proprie- 
" tary of Maryland & the Proprietaries of Pennsylva.. the Boundg 
" of the two Governments were so certainly describ'd that the South- 
•' ern Bounds of Pennsylvania, & consequently the Northern Bounds 
" of Maryland, cou'd be very nearly discovered, tho' the Lines were 
>' not actually run ; And that Joshua Minshall & John Hendricks 
" were arrested by the Officers of Maryland, at their own Dwellings, 
" which is about twenty th'-ee Miles to the Northward of both the 



PROVINCIAL COUNCIL. 



606 



Octorara Line, commonly called Lord Baltimore's Line, & the 
Place where it is well known the East ^' West Line agreed upon 
by the said Articles, to be run at the distance of fifteen Miles South 
of the City of Philadelphia, will fall. 

" This was represented with the greatest plainess, &■ that if neither 
the Bounds which Lord Baltimore had set to Himself so long ago 
as the year 1683, nor the Bounds so lately concluded upon by 
both Proprietors, cou'd limit Lord Baltimore's Jurisdiction, then 
it was plain there is no part of Pennsylvania, how remote or 
distant soever the same may be from Maryland, but what is lyable 
to be claimed by Lord Baltimore, & the Persons who have honestly 
purchased Lands & improved tiie same, may, upon pretence 
of some disregard shewn to Lord Baltimore's Character or Gov- 
ernment, be forcibly taken from their Dwellings& imprisoned with 
the greatest severity. But so it was, lest his Lordship's Claim to 
the Lands upon which the aforesd. Hendricks, &c. lived, should 
be thought to be given up by the discharge of the said Prisoners, 
they were denied to be relieved by the said Court, &now its required 
theyshould plead to the Several Informationsexhibited against them, 
& submit to have it ti'ied by a Jury of Maryland, whether the Lands 
upon which they live l)e within the Province of Pennsylvania. 
" Thus having, on the part of the Government of Pennsylvania, 
tho' in vain, us'd all Means in our power to be in some measure 
relieved from those Injuries & Violences done to its Inhabitants, & 
to procure the Concurrence of the Government of Maryland in 
Measures to preserve the Peace between His Majesty's Subjects 
inhabiting near the Borders of the two Governments, untill the 
Lines should be actually run by the Proprietors themselves, or till 
His Majesty's pleasure shall be known therein, yet being perswa- 
ded that such Proceedings by the Governmt. of Maryland, which 
is a dependant Government, as well as that of Pennsylvania, & 
Equally accountable to His Majesty for its Conduct, are not only 
contrary to that Faith & Duty we all owe to Flis said Majesty, but 
even to the Laws of natural Equity, in taking upon them to judge 
in their own Case, & by that means to determine the right of their 
Neighbours, which manifestly tends to destroy that Peace which 
ought to be preserved amongst His Majesty's Subjects, & to ren- 
der the Rights of the Inhabitants of the said Province of Pennsyl- 
vania & Counties aforesaid, as well as the safety of their Persons, 
uncertain c^ precarious. 

" It is therefore hoped that none who entertain any just Notions 
of the Rights of Mankind, will blame the Government of Penn- 
sylvania, if they take proper Measures for Protecting His Majes- 
ty's Subjects under their Jurisdiction, from the outrages so 



607 MINUTES OF THE 

*' frequently committed upon them by the People of Maryland, and by 
" dutiful! Representation of their great patience under these publick 
" Abuses, implore His Majesty's most gracious Interposition. And 
" if, in the mean time, should the Government of Pennsylvania 
" (whose principles are well known to be agaitist all Force, & who 
'' next to His Majesty's protection, have no means to defend them- 
" selves but the Authority of the Civil Magistrate,) be laid under a 
" Necessity for their own Safety, of doing what may be deemed 
" unneighbourly, or to give trouble or uneasiness to His Majesty's 
" Subjects pretending themselves to be under the Govenunent of 
'' Maryland, We do declare that it will be entirely owing to your 
" Excellency's not joyning with us in some reasonable & Equitable 
♦' Measures for preserving the Peace amongst His Majesty's Subjects 
" inhabiting near the Borders of the two Governments, & the un- 
" reasonable Confmement &, Prosecution of our Inhabitants, who 
" were without all Question taken by your Officers within our Gov- 
" ernment of Pennsylvania, <^ for that Reason, had they reaiiy 
" been guilty of any Offence, ought to have been discharged. 
" We ;ire, 

•' Sir, 

" Your Excellency's 

" Most obedient humble Servants, 

" A. HAMILTON, 



" JOHN GEORGES. 



Annapolis, 

" 30th May, 1734. 
E. 



" City of Annapolis, in the Province of Maryland, Mav 31st, 
*' 1734. 

" Then came before me James Flolliday, Esquire, one of the 
" Judges of the Provincial Court of Maryland, John Georges of 
" Philadelphia, Gent., and Andrew Hamilton, of the said City, 
" Junior, (being now at Annapolis, aforesaid,) and being sworn 
" on the Holv Evangelists of Almighty God, did severally declare, 
" And the said John Georges doth declare, that he delivered this 
" Day to his Excellency Samuel Ogle, Esqr., Governor of Mary- 
*' land, the Original of the within Paper, signed Andrew Hamilton 
" & John Georges; and the said Andrew Hamilton. Junr., doth 
" say, that he wrote the Original of which the within is a true 
" Copy, and was present and saw John Georges deliver the said 



PROVINCIAL COUNCIL. ()08 

Original Paper to the said Samuel Ogle, Esquire, at his own 
iiouse, at Annapolis, the day &, year abovesd. And further 
they say not. Sworn this 3lst. day of May, Anno Dom. 1734, 
helore nie. 



" JA. HOLLYDAY 



E. 



At a Council held at Philadelphia, July 31st, 1734. 

PRESENT : 

The Honourable PATRICK GORDON, Esquire, Lieutenant Cover- 
nor. 

James Logan, Samuel Hasell, > r^ 

Samuel Preston, Charles Read. ^ ^ 

Clement Plumsted, 

The Minute of the preceeding Council being read and approved : 
The Consideration of what the Governor had then laid before the 
Board touching ihe Popish Chappell, was resumed, ^^' the Charter of 
Priviledges with the Law of this Province concerning Liberty, beisig 
read, & likewise the Statute of the II th & 1:2th of King William 
the 3d Chap. 4th, It was questioned whether the said Statute, not- 
withstanding the general Words in it " all others His Majesty's Do- 
minions," did extend to the Plantations in America, ^ admitting it 
did, whether any Prosecution could be carried on here by virtue 
thereof, while the aforesaid Law of this Province, pass'd so long 
since as the 4th year of Her late Majesty Queen Anne, which is 
about live vears posterior to the said Statute, stands unrepealed. — 
And under this Difficulty of concluding on any thing certain in the 
present case, it is left to the Governor, if he thinks litt, to represent 
the matter to our Superiors at home, for their Advice and Directions 
in it. 

The Governor then laid before the Board a Letter he lately re- 
ceived from the Governor of Virginia, which being read is in these 
Words : 
" Dear Sir : 

" Virginia, July 13, 1733. 
" It is with great Concern that I find myself obliged to write to 
'"' you on a Subject disagreeable to us both. In April last, a strag- 
'' ling Party of Indians passing thro' our Frontiers, came to a House 
'' in Spotsilvania County, where finding only a Poor Man and 
' his Wife, they Murdered and Scalped them both. It was some 
" time before it was known who the iVIurderers were, but t have 
'> now certain Information that they were of that Nation called the 



009 MINUTES OF THE 

" Conay Indians, who live in your Government, for so they ac- 
" knowledged to several of the Inliabitants on the back o( our 
" Mountains, to whom they owned the Fact, and shew'd the Scalps. 
'• Now my worthy Friend, what 1 have to request of you is, that 
" you will take such Measures as you judge most etfectual forbring- 
-• ing these Villains to Punishment, and if their Nation can be in- 
" duced to deliver them up to this (Government, I shall be very ready 
" to give them an handsome Reward, which 1 entreat you will be 
" pleased to promise them, in my Name, and withal to Caution them 
'' for the Future from coming among our Inhabitants without your 
" Passport, without which they will be treated as Enemies, accord- 
" ing to the Terms of our Treaty with the six Nations, under whose 
" Protection they pretend to shelter themselves. 

" I rec'd your obliging Letter by Mr. Phinney, nnd if the Weather 
" was not in the hot extream, would say more than my humble scr 
" vice to every Body, particularly to jour A. General, who never was 
" suspected ot" a fault, tho' I own I am glad he thought he was, for 
" the sake of that elegant and polite Apology he made in a Letter he 
" was so kind to write. 

" I am always, 
'• Your most affectionate and mo^t faithful! humble servt. 

" WILL. GOOCII.' 

" For His Majesty's Service, 

" To The Honourable The Governor of Pennsylvania." 

Whereupon it was observed that this Murther, tho' said to be 
committed in April last, yet from many concurring Circumstances, 
may very probably be the same which was charged on that Nation 
of Indians about iburteen months since, i^ the Minutes of what passed 
between this Government & the Indians on that Subject being pro- 
duced & read, It is the Opinion of the Board, that Extracts ol' these 
should be sent to the Governor of Virginia, & that it should be En- 
quired whether the fact is so recent as Afnil last, or whether it is not 
the same with that mentioned in these Minutes, and that in the mean 
time the Governor should take the mo!?t proper & prudent measuros 
for discovering the guilty Persons, that they may be secured and 
brought to condign Punishment. 
E. 



August 10th. 

The Governor wrote a Letter to Mr. Gooch, of wiiich the Copy 
follows : 



PROVINCIAL COUNCIL GIO 

" Dear Sir : 

" I am heartily sorry for the occasion of your last Letter touching 
" the Murther committed by the Conay (or as we write them Gana- 
" wese,) Indians, which I no sooner read, than from many concur- 
" ring Curcumstances, I concluded it to be the same fact which had 
" been charged on them about fourteen montlis since. What pains 
" this Government took to Enquire into that matter, ^5' how the 
•' Indians acquitted themselves, you will see by the inclosed Ex- 
" tracts from the Minutes of our Conferrences with them on that 
" subject, and as no Complaint came from Virginia, what was said 
*' in their Justification had the greater Weight <fe more easily obtain- 
" ed Credit with us. But the time didering Irom that mentioned in 
" your Letter, to witt: last April, which probably has been n:istaken 
'' for April 1733, 1 must beg you to satisfy me in this Point before 
" I proceed farther in the Alfair. In the mean time I have dispatched 
" orders to the Magistrates living nearest to the settlements of those 
" Indians to goe amongst them, &, without causing Suspicion or 
" alarming them, to make such proper Enquiries as may facilitate 
" the Execution of those Measures I shall take for bringing the 
" Offenders to Punishment, & you may be assured that nothing 
" in my Power, for this End, shall be wanting. 

" I beg mine & my family's Compliments may be made to my 
" good friends with you, & 1 am very truly, 
" Sr, 

" Your most affectionate and oblig'd humble Servant, 

" P. GORDON. 
"For His Majesty's Service, 

" To The Honble William Gooch, Esq., 
" Governor of V'irginia. 
R 



irth. 

A Bill having been last night sent up to the Governor from the 
House Entituled : 

An Act the more effectually to prevent the erecting of Wears, 
Damms, &c., within the River Schuylkill : 

A Council was summoned to meet this forenoon to consider the 
same; but none of the Membsrs attending, except Clement Plumsted 
& Thomas Laurence, Esqrs., The Governor with these Gentle- 
men went thro' the said Bill, which being agreed to, was ordered to 
be sent down to the House. 



611 MINUTES OF THE 

In the cifternoon of the same day : 

The Mouse sent by two Members a Representation to the Gov- 
ernor, which with His Answer thereto is as follows: 

" To the Honourable Patrick Ciordon, Esqr., Lieutenant Gover- 
" nor of the Province of Pennsylvania, &c. 

'■• The Representatives of the said Province, in General Assembly 
" met, 

" Humbly Shew : 

" When we consider that the People of the Province of Pennsyl- 
" vania have, from its first settlement, by their peaceable Behaviour, 
" (^agreeable to the Principles they profess,} maintained in general, 
" a good Understanding with all their Neighbours, It is with great 
•' Concern we find ourselves obliged at this time, to represent to the 
" Governor the Hardships which many of our peaceable Inhabitants 
" living near the Borders of xMary land have sutiered from that Gov- 
•• ernment, on Pretence only as far as we can be informed, of denying 
'= their being Subject to the Authority of the Proprietor of -Maryland. 
" Tho' we have been greatly disappointed in the reasonable Hopes 
" we had tliat all Disputes about the Bounds of ihe Provinces of 
" Pennsylvania and Maryland should, e'er this Time, have been at 
'' an hind, yet we hope the People who have settled and improved 
" Lands under the Grants of the Proprietor of Pennsylvania, and 
" v/ithin the constant reputed Bounds of this Province, and who 
*' have never owned any other Authority but the Government ot 
' • Pennsy Iva. ought to be protected in tho Possession of their Freeholds, 
*' until it shall appear by some legal Decision or Determination that 
" they are subject to some other Authority: And as this Province 
'• owns no other Force but the lawful Power of the Civil Magis- 
" trale, 

" We humbly request that the Governor will be pleased to give 
'' Directions to the Magistrates and other Officers of this Government, 
" that they will exert themselves in the protection of the People of 
" this Province, by a diligent Execution of the Laws against Riots 
" and Tumults, and for the Preservation of the Peace within their 
" respective Jurisdictions. 

♦' Sign'd p. Order of the House, 

» JER. LANGHORNE, Speaker." 



The Governor's Answer. 

" Gentlemen : 

k' I observe with pleasure the Concern of your House for the 
" Peace & Security of the good People whom you Represent, and 
" you may be assured I will enforce as far as in me lies, the due 



PROVINCIAL COUNCIL. 612 

" Execution of the Laws, by giving special Directions herein to the 
" Magistrates & Officers within my Government. 

" The Speaker and the whole House waited on the Governor, <Si 
*' presenting the aforesaid Bill to prevent the Erecting of Wears, 
*' Damms, &c., the same was past into a Law of this Province, & 
" the Great Seal was ordered to bo affixed thereto." 

The Speaker then delivered to the Governor an Order on the 
Trustees of the General Loan Office for Four hundred pounds, the 
Remainder of the Support for this year. His Honour having thank'd 
the House for the same they withdrew. 
E. 



August 19th. 

Upon the foregoing Representation of the Assembly, the Governor 
was pleased to write Letters of this day's date to the Justices of the 
Counties of Chester, Lancaster, and of Newcastle, Kent & Sussex, 
on Delaware, in these Words : 

" Gentlemen : 

" You are not, T believe, unsensible how much the whole Country 
" has been disappoint'd in the just hopes which had been entertained 
" of seeing a final Period put to those long depending Disputes be- 
*' tween this Government & that of Maryland, touching their respec- 
*' live boundaries, by the Execution of the Solemn Agreement con- 
" eluded between the Proprietaries of each. It is however no small 
" Satisfaction to me, that I can now acquaint you that this Agree- 
" mcnt, with the Proceedings of the Commissioners thereon, having 
" been laid before His Majesty's Attorney & Sollicitor General, we 
" have had the Pleasure of lately receiving their Opinions, that the 
<' Agreement still remains valid and binding on both Proprietaries, 
" altho' their Commissioners, by Reason of Difference in Sentiments, 
" have not carried it into Execution. Now as the Northern bounds, 
*' formerly sett by the Lord Baltimore to himself j difler not much from 
" those lately agreed upon, I know not how we can judge better or 
" with more certainty, of any bounds by which we can limit our 
" present Jurisdiction, than near the place where it is known they 
" will fall when the Lines shall be actually run. 

" In the mean time, that a stop may be putt to any further Insults 
" on the People of this Government, and to fncroachments on Lands 
" within the Bounds of the same, I am again to renew to you those 
" pressing Instances I have repeatedly made, that agreeable to the 
" Duty of your Stations, you exert your utmost Endeavours for pre- 
" serving Peace throughout your County, and protecting all the 

46 



613 MINUTES OF THE 

" Inhabitants in their just Right and Possessions, in the legal & ne- 
" cessary defence of which every person ought to be encouraged 
" to appear with Boldness, and to be assured of receiving all the 
'' Countenance that lawful! Authority can give. And as the late 
" Disturbances have been in a great measure owing to the unjust 
" Attempts of those, who pretending Right to, or claiming disputed 
'• Lands, under that pretence have come many miles into this Pro- 
" vince, and with force possessed themselves of Lands for which 
" they can have no lawfull Grant from any other Persons but our 
" Honourable Proprietors only, and have likewise committed very 
" great Violences upon Sundry of our Inhabitants, You are to give 
*' strict Orders for apprehending & securing all such who have been 
'' Principals or Accessaries therein, as well as those who hereafter 
" shall presume to offer any Injury to the Persons or Professions of 
" His Majesty's peaceable Subjects, or encroach on any Lands within 
•' the known & reputed Limits of your County, that they may be 
" brought to condign Punishment. But as in the year 1724, it was 
" agreed "that for avoiding all manner of Contention or Difference 
" between the Inhabitants of the two Provinces, no Person or Per- 
" sons should be disturbed or molested in their Possessions they then 
" held on either side," you are desired still to have a particular Re- 
" gard to those entituled to the benefit of that Agreement, while they 
" behave themselves peaceably. 

" And to the End that these directions be punctually observed and 
" complied with, you are to order the Sherif of the County, with his 
" Officers, frequently to visit your Borders, and those parts v/here 
" either late Disturbances have happened, or any thing to the Pre- 
" judice of the People is like to be attempted, giving all needfull 
** Assistance wherever it may be requisite. I should likewise promise 
" myself much good from some of your Number making a Pro- 
•' crress thro' these parts, v/hen your Conveniency would admitt, or 
" any Exigency may requre it, depending on your Prudence, that 
" whatever measures you shall take for the Defence of the Inhabit- 
" ants, and for seizing and securing Offenders, will be such as that 
" we may be at no Loss whenever called upon to justify them. 
" I am, 
" Gent., 

" Your Loving Friend, and humble Servt. 

" P. GORDON." 



At the Courthouse of Philadelphia, September the 12th, 1734. 

PRESENT : 

The Honourable the Lieutenant Governor. 

The Mayor of the City and others of the Magistracy. 



PROVINCIAL COUNCIL. 



614 



Eighty nine Palatines who, with their Families, making in all two 
hundred sixty one Persons, were imported here in the Ship Saint An- 
drew, John Stedman, Master, Irom Rotterdam, but last from Plymouth, 
as by (Clearance from thence, this day took and subscribed the Ef- 
fect of the Government Oaths, and also the Declaration prescribed 
by the Order of Council of the 21st of September, 1727, and their 
Names are as follows c 



Christopher Weigner, 
Melchior tieibner, 
George Ilcibner, 
George Krieble, 
Baltzar Jackell, 
George Jackell, 
Christopher Shoebart, 
Melchior Krieble, Senr. 
Caspar Kiieble, 
George Ander, 
Baltzar HofTman, 
Melchior Krieble, junr. 
Abraham Jackell, 
George Ilolfman, Senr. 
Baltzar Hoffman, junr. 
George Rinnald, 
Hans Weigner, 
George Weigner, 
Melchior Weigner, 
Baltzar Jackell, 
Caspar Jackell, 
Jeremias Jackell, 
Christopher Jackell, 
Gregorius Meisther, 
Christopher Reinwalt, 
Hans Henrich Jackell, 
George Mentzell, 
Melchior Mentzell, 
Melchior Newman, 
Tobias Herttranft, 
George Weys, 
Caspar Heydrich, 
Baltzar Heydrich, 
Christopher Newman, 
Matthias Jackell, 
George Sholtze, 
Christopher Weigner, 
Christopher Jackell, 
George Anders, 



David Seibt, 
Christopher Seibt, 
George Heydrich, 
Gergorius Sholtze, 
David Meschter, 
George Drey her, 
Christopher Dreyher, junr» 
Melchior Meschter, junr., 
Baltzar Anders, 
George Sholtze, 
Melchior Sholtze, 
Christopher Sholtze, 
Caspar John, 
Friedrich Scheps, 
II. Lutwigh Urdans, 
Barnhard Steinbach, 
(/hristopher Paus, 
George Bansch, 
Hans Hubner, 
David Shoebart, 
VVilhelm Pott, 
Degenhart Pott, 
Wilhelmus Witzen, 
Johannes Van Dulike, 
Peter Shoemaker, 
Jacob Hendrich Rieger, 
Johan Yorg. Runtz. 
Valentine Henrich, 
Jacob Roomfult 
Nicholas Dek, 
Nicholas Winder, 
Johannes Wilfan", 
Jacob Wilhelm, 
Ulrich Spies 
Peter Jager. 
Caspar Storller, 
George Meyer, 
Peter Freidel, 
Johannes Singer, 



615 MINUTES OF THE 

Conrad Frey, Valentine Dihl,^ 

Matthias Marker, Abraham Dihl, 

Hendrich Romfield. 

E. 



Septemr. 21st. 

On the News brought by Express from Newcastle, late in the 
night of the 19th instant, that the Honourable John Penn, Esquire, 
the Eldest of our Proprietaries, was on board a Ship from London, 
standing up this River, his Broiher, accompanied with several Gen- 
tlemen, went early next Morning to Chester to receive him, where 
Mr. Penn landed in the afternoon, and setting out this morning for 
Philadelphia, was met on passing the River Schuylkill by the Mayor, 
Recorder and Commonalty of the City, in whose name the Recorder 
made a Congratulatory Speech to Mr. Penn, which he answered m 
very obliging Terms, and then proceeding forwards, with a very 
numerous Company, came to his Brother's house about noon. 
E. 



At the Courthouse of Philadelphia, September the 23d, 17S4. 

PRESENT : 

The Honourable the Lieutenant Governor. 

The Mayor of the City, and others of the Magistracy. 

Forty nine Palatines who, with their Families, making in all One 
hundred twenty seven Persons, were imported here in the Ship Hope, 
Daniel Ried, Master, from Rotterdam, but last from Cowes, as by 
Clearance from thence, were this day qualified as usual, whose Names 
are: 

Jacob Bowman, Johannes Keyser, 

Bernhart Richer, Jorg. Heynsman, 

Jacob Koser, Johannes Heynsman, 

Hans Henrich Hoffman, Johan Adam Schrof, 

Hans Jacob Fisbach, Johan Peter Gross, 

Johan Wilhelm Graaf, Johan Hendrich Klakner, 

Michael Geber, Peter Stam, 

Christian Houser, August Henrich Kuntzman, 

Michael Fikel, Johan Henrich Swissman, 

Ulrich Buler, Christopher Rabe, 

Johannes Rechter, Johan Philip Dolt, 

Philip Esping, Henrich Stoltz, 

Chnsti?'^ ^ -" Zacharias Albach, 



PROVINCIAL COUNCIL. 



616 



Xacharias Slummerfeld. 
Johan Wilhelm Ohlbach, 
Johannes Yung, 
Jost Shmith, 
Johan Peter Shmith, 
Johannes Noche, 
Johan Henrich Otterbach. 
Johan Herbert Weber, 
George Lubchen, 
Johannes Peter Apgardt, 
Simon Kirbach, 
Johan Arnolt Reish, 
E. 



Simon Bevell, 

Johan Henrich Weshbach, 

Johan Henrich Otter, 

Johan George Antony Miller, 

Johan Andreas Miller, 

Antony Nobel, 

Antony Nobel, junr. 

Johan Albert Langerfeldt, 

Gotfried Schierwager, 

Christian Otto Schultz, 

Cornelis Paraet. 



September 25th, 1734. 

Several Indians of the Nation of the Oneidas coming to town, on 
a visit to the Proprietary and (Tovernor, signified to the former that 
they had somewhat to say, but were desirous first to see their friend 
and Brother, Caplain Civility, whom they desired might be sent for 
from Conestogoe, and he, with some other Indians from thence, com- 
ing to town, an appointment was made for hearing them ; but the 
Death of the Governor's Lady preventing it, and the Arrival of the 
Honourable John Penn, Esquire, afterwards occasioning some fur- 
ther delay, it was not till this day that they were heard, and 

At a Council then held, 

PRESENT : 

The Honourable JOHN PENN and THOMAS PENN, Esqrs., Prc- 

prietarys. 
The Lieutenant Governor. 



Ralph Assheton, 
Samuel Hasell, 
Thomas Griffitts, 
Charles Read. 



1 



^Esquires. 



J 



James Logan, 
Isaac Norris, 
Samuel Preston, 
Clement Plumsted, 

Before the Indians were admitted, the Governor addressing him- 
self to the Elder of the Proprietaries, expressed his great Satisfac- 
tion in seeing a Gentleman of Mr, Penn's Merit, and valuable 
Character, at the head of the Council of this Province, and made 
ample Acknowledgements for the many Favours conferred on him- 
self by their Honble Family, whose Service 4' Interest he lay 



617 MINUTES OF THE 

under the strongest Obligations to promote to the utmost of his 
Power. 

Mr. Penn was pleased to answer the Governor in most obliging 
Terms, assuring him of the great Regard their Family entertained 
for him, and of the just sense they had of the good service done 
them by his steddy <^ prudent Administration, since his Accession to 
the Government. 

The Indians being then called in and seated, to witl : Lannhaason, 
Saristagoa, Anochsagandiah, Tiagonnearout, with nine others of the 
Nation of the Onaida's : 

Sonachchregi, with six others of the Onandago Nation. 

Captain Civility and some Conestogoe Indians: 

And Ullaloes, a Chief of the Ganawese Indians: 

Anthony Zadouski, Interpreter. 

The Honourable .fohn Penn, Esquire, told these Indians by the 
Interpreter, that it gave him very great Satisfaction to see, so soon 
after his coming into this Province, so many of his Brethren of the 
Six Nations, at Philadelphia. 

That though his Father, their old Friend, is dead, yet they, his 
Sons, have the same friendship and love for all the Indians that he 
had, and that he had appointed this meeting to hear what they have 
to say. 

SARISTAGOA, by the Interpreter, said : 

That they are very glad to see the Proprietors, the Governor and 
the Council together ; that they have suffered a great Loss by the 
Death of many of their People, but it was the Will of God that it 
should be so: they know we were sorry for their Loss, and they 
thank us for our Good Will towards them ; that they look upon us 
as their friends <§^ Brethren, and are desirous of preserving & cort- 
tinuing the same good Understanding that has so long subsisted be- 
tween them and us. 

That they are greatly indebted to us for the Regard we showed 
for their Nation, on the Loss that befell them, and ibr what was sent 
by this Government to cover their Dead ; that what we began they 
have finished ; it is now over, and they again thank us for our Kind- 
ness towards them. 

Then presenting a bundle of drest Deer Skins, he added : That 
they and their Brethren had wept together on ihat sorrowful! Occa- 
sion. 

That during the time of their affliction the Heavens seem'd heavy 
& overcast, but now the Sun shines out, they therefore desire all 
Grief may be done away, that our hearts may be easie, and we may 
smile together. 



PROVINCIAL COUNCIL. 618 

And hereupon was delivered a Belt of Wampunn. 

That they had but little to say and they have now finished it. 

The Indians were told that so many of them coming together, it 
was believed they had something of Importance to deliver, they wore 
therefore desired to proceed if they had any thing further to add. 

Captain Civility hereupon said that ho knew nothing of their Bu- 
siness, or of what had brought them hither ; that he being of the 
same Nation with them, to witt : an Onaida, had at their Desire come 
down from Conestogoe to see them. 

He was told that he was very welcome to us ; that he is our good 
old friendj and that we should always be glad to see him. 

Saristagoa said that he had nothing further to add but to request 
that their Guns, which were much out of order, might be mended ; 
that they may be able to kill some food for themselves, in their return 
home. 

The Indians then withdrew. 

On considering what might bo proper to be given those Indians 
in Return to their Present of Skins and Belt of Wampum, It was 
observed that they had come hither without any x\uthority from the 
Six Nations ; had nothing of Importance to deliver, and weie only 
to be regarded as private Persons, and therefore, to discourage others 
from visits of this kind, it might not be amiss to give them no more 
than just the value of what they had presented. But it being repre- 
sented on the other hand, that by the Account given of those Indians 
by Mrs. Montour, now in Town, whose Husband, Carandowana, 
was the Oneida Chief, it appears that though they are not Persons 
of any great Note amongst the Six Nations, yet they set out for this 
place at the Desire of some Chiefs of those Nations, who when just 
preparing to visit this Government, & to follow those Indians hither, 
were stopped by the unexpected Arrival of sundry Persons from 
Albany, charged with matters of Consequence to be imparted to them, 
that hereupon orders were dispatched to countermand all the other 
Indians from proceeding, but that these Oneidas were far advanced 
on their journey before those Orders reached them. 

And it being likewise considered that these are the first of the Six 
Nations whom Mr. Penn has seen amongst us since his Arrival, on 
which Account it may be expected that some further Notice of them 
should be taken than at another time might be proper, It was 
unanimously agreed that the value of Twenty pounds be given 
them, in such Goods as they stand most in need of. 

A Petition of divers Inhabitants of the Northern Liberties was 
presented to the Board and read, setting forth that st- veal Lotts being 
laid out. Houses erected, <^ more about to he built, on the Lands lately 
belonging to David Pegg & William Coates, a regulation of the same 



619 MINUTES OF THE 

was necessary to prevent Encroachments on the high Road leading 
to Germantovvn and Frankfort, which Road, by the Return made of 
it, being not so well accommodated to the Bent of the River, is in 
several places very incommodious, and would, if strictly followed, 
lead quite beside the Stone Bridge, Battlement &, Causway, which 
have been made at so great a publick Expence, & therefore praying 
that an Order may be issued for reviewing that part of the said Road, 
from the Boundary of the City to Chocksink's Creek, or so far as may 
be found necessary, for the well settling the Line of the Avesterly side 
of the said Road. The Prayer of which Petition being granted. It 
is ORDERED that Isaac Norris, Thomas Griffitts, Thomas Masters, 
James Steel, Benjamin Eastburn and Richard Wain, or any four of 
them, review the said Road, & make such Alterations therein as may 
best suit the Publick Service, with as little Damage as possible to 
any private Persons. And that together with their Report, they 
lay before this Board a Draught of the said Road so reviewed. 
E 



At a Council held at Philadelphia, Septr. 27th, 1734. 

PRESliNX: 

The Honble. the Proprietaries. 

The Lieutenant Governor. 

Isaac Norris. Clement Plumsted, 7 p 

Samuel Preston, Thomas Griffitts. 5 

And the Indians mentioned in the preceeding Minute. 

The Proprietaries, by the Interpreter, spoke to them as follows : 

" Brethren : 

<' We take your visit kindly, the Design of which, from what you 
" have said, We understand is only to give us thanks for the Concern 
" we showed on hearing what befell some of your Nation, and es- 
" pecially cur good friend Carandowana, your Chief. We consider 
" the Acknowledgements you make us on that head, as Instances 
" of your Gratitude to those who wish you well, & are your true 
" friends. We had a great Esteem for Carandowana, and were 
" much grieved to hear of his Death, but as you and we have long 
" since covered his dead Body, we shall say nothing more on that 
" subject. 

" When we first heard of your coming hither, we believed you had 
" been charged with some Message to us from the Six Nations, with 
*' whom you know, that about two years since, at this place, we held a 
•' great Council ; this summer we expected a Return from them, but 
" we are told they are prevented by some business they had to do 



PROVINCIAL COUNCIL. 620 

" with the Government of York. We desire that when they come 
" hither, we may see amongst them some of their wise old Men of 
" each Nation, that we may ratify and confirm with them all those 
" Matters of Importance which were the subject of our last Treaty. 
" As you are come a long way to see us, we are unwilling you 
" should return without some few necessaries, which we now give 
" you, vizt : 

Six Strowd Matchcoats, One dozen of hatchets. 

One half barrel Powder, One dozen Tobacco Tongs, 

One hundred weight of Ten Gallons of Rum, 

Lead, One hundred weight of Bread, 
Two dozen of Knives, 
with some Tobacco and Pipes. 

Which the Indians receiving with great Thankfullness, they took 
Leave of the Proprietaries, Governor & Council. 

It was Recommended to Mr. Preston, the Provincial Treasurer, 
to pay for mending their Guns & Hatchetts, and likewise for their 
Entertainment during their stay here. 

The Proprietaries were pleased afterwards to add to this general 
Present, 

Half a Barrel of Powder, 

One hundred weight of Lead, 

Two hundred Flints, 

Twenty five pounds Tobacco, 

One hundred Pipes. 
And to Civility they gave a fine Gun, with Cloathing for himself ^ 
his Son, to the Value of Pounds. 

E. 



At a Council held at Philadelphia, October 4th, 1734. 

PRESENT : 

The Honourable PATRICK GORDON, Esqr., Lieutenant Gover- 
nor. 

James Logan, Ralph Assheton, "^ 

Samuel Preston, Samuel Hasell, | 

Henry Brooke, Thomas Griffitts, J>Esquires. 

Clement Plumsted, Charles Read, | 

Thomas Laurence, J 

The Returns of the Elections of Sherifs & Coroners for the ensuing 



621 MINUTES OF THE 

year, in the several Counties of the Province, being this day laid before 
the Board, the following Persons wore by 4' with the advice of the 
Council, appointed to the said Offices, vizt : 

For the City S,- County of Philadelphia. Septimus Pvobinson &: 
Andrew Robeson being returned for Sheriffs, ^' Owen Owen <^- John 
Roberts for Coroners, Septimus Robinson is appointed Sherif and 
Owen Owen Coroner. 

For the County of Bucks. Timothy Smith <^ John Hall being 
returned for Sherifs, fy William Atkinson ^- Jonathan Woolston 
for Coroners, Timothy Smith is appointed Sherif and William Atkin- 
son Coroner. 

For the County of Chester. John Parry & Richard Jones being 
returned for Sherifs, ^' John Wharton & Nathan Worley for Cor- 
oners, John Parry is appointed Sherif and John Wharton Coroner. 

For the County of Lancaster. Robert Buchanan & James Mitch- 
el being returned for Sherifs, and Joshua Lowe & Samuel Bethel 
for Coroners, Robert Buchanan is appointed Sherif and Joshua Lowe 
Coroner. 

And Commissions are ordered to the said Sherifs, they first giving 
Security as the Law directs. 
E- 



5th. 

Returns from the Counties of Newcastle & Sussex being delivered 
to the Governor, the following Persons were appointed to the Offices 
of Sherif & Coroner. 

For the County of Newcastle. Henry Newton & John Dunning 
being returned for Sherifs, and Henry Gonne & John Robertson 
for Coroners, Henry Newton is appointed Sherif and Henry Gonne 
Coroner. 

For the County of Sussex. Robert Smith ^ Cornelius Wilt- 
bank being returned for Sherifs, and Joshua Fisher & John Roades 
for Coroners, Cornelius Wiltbank is appointed Sherif and Joshua Fish- 
er Coroner. 
E. 



October 7th. 

The Returns from the County of Kent having been yesterday 
brought to the Governor, vizt : 

Danie! Rodeney & Cresar Rodeney being returned for Sherifs, and 
Nicholas Lockerman & Samuel Berry for Coroners, Daniel Rodeny 
is appointed Sherif and Nicholas Lockerman Coroner. 
E. 



PROVINCIAL COUNCIL. 622 

15th. 

The Representatives of the Freemen of this Province, elected the 
1st instant, having pursuant to the Constitution mett yesterday in 
Assembly and chosen their Speaker, sent a Message to the Gov- 
ernor to know at what time he would be pleased to receive them for 
presenting their Speaker. His Honour appointed the forenoon, & 
gave Directions for calling a Council in the morning, but divers Mem- 
bers being from town, ^' others indisposed, a Quorum could not be 
gott together. 

The Representatives attending according to order, Andrew Ham- 
ilton. Esquire, addressing himself to the Governor, acquainted him 
that they had been pleased to chuse him for their Speaker, &■ were 
now before His Honour for His Approbation, to which the Governor 
answered, that he made no objecticn thereto. The Speaker then pro- 
ceeded to make the usual Requests for the Maintenance of their Rights 
<k Priviledges as a House, in the full Enjoyment & Exercise of 
which the Governor having assured them, he made the following 
Speech : 

" Mr. Speaker and Gentlemen : 

" It is with much Pleasure that I again seethe Representatives of 
" the good People of this Province met in General Assembly, and I 
" joyfully embrace the Opportunity now given me, of congratulating 
" the Country on the late happy Arrival of the eldest of our Proprie- 
" taries amongst us, whose affectionate Concern for the Welfare of 
" Pennsylvania, the Place of his Birth, and for the Happiness of all 
" its Inhabitants, will, I am purswaded, no less entitle him to their 
" Regard and Esteem, than his Personal Merits endear him to all that 
" know him. 

" As it has not been usual for the Assemblies of this Province to 
" enter on any Business of Moment at their first Meeting, I have gen- 
" erally delayed laying any Matters before them till their secend Ses- 
" sion. But at this time I conceive it to be incumbent on me, and agree- 
" able to the constant Professions I have made of my hearty Inclina- 
" tions to promote and advance as far as lies in my Power, the true In- 
*' terest of this Government, in which I shall ever chuse to have the 
" Advice of its Representatives, to communicate to you the Purport 
" of a Letter I have very lately received from the Secretary to my 
" Lords Commissioners forTrade &, Plantations, desiring my Opinion 
" what further Encouragements may be necessary to engage the 



623 MINUTES OF THE 

" Inhabitants of the British Colonies on the Continent of America. 
" particularly of those within my Government, to apply their In- 
" dustry to the Cultivation of Naval Stores of all kinds, and like- 
" wise of such other Products as may be proper for the soil of the 
" said Colonies, and do not interfere with the Trade or Produce of 
" Great Britain. My Answer hereunto is expected as soon as possi- 
" ble, that their Lordships may have time to consider of it before 
'* making their Report on this Subject, at the Beginning of the next 
" Session of Parliament, which may be about Christmas next. 

" As this Province, Gentlemen, produces, tho' in but too small 
" Quantities, sundry Commodities which Britain is obliged to pur- 
" chase from other Nations, and may be further capable of great 
** Improvements, no ways interfering with the Trade and reallnteresl 
" of our Mother Country, it is our immediate Duty on this Occasion, 
" to apply all our Thoughts to consider what Progress may be made 
" in those Manufactures which our Soil and Climate will admit of, 
*' and what may be proper to be proposed as Encouragements for 
" inciting our Industry thereto. Nothing will give me greater Sat- 
" isfaction than to be able, on these Points, to deliver my Opinion 
" consistent with the general sense of the People whom you now 
•* represent. 

" The usual Business of the year, and what the Publick Service 
" shall point out as necessary, will no doubt come under you Con- 
" sideration at your subsequent Sessions, and I flatter myself the 
" Experience you have had of my past Conduct, makes it unne- 
" cessary for me to add to those Assurances which I have constantly 
" given, of contributing my utmost for the Honour and Advantage 
" of a Province that has deserved so well of me. 
E. 



October 15th. 

Hetaquantagechty. who came hither last August on a Message from 
the Six Nations, coming to town with Shekallamy & Conrad Wey- 
ser, the Interpreter, on Saturday last, and having signified to the 
Honourable the Proprietaries, that he had a Message to deliver, this 
afternoon was appointed for receiving it, and 



PROVINCIAL COUNCIL. 624 

At a Council then held. 

PRESENT : 

The Honble JOHN PENN, and THOMAS PENN, Esq'rs., Pro- 
prietaries. 
The Lieutenant Governor. 

Henrv Brooke, Ralph Assheton. ? „ 

Clement Plumsted, S ^'^"'^^^' 

And these two Indians. 

Hetaquantagechty by the Interpreter, spoke to this Efifect. 

That he is very Glad to meet his Brethren the Proprietors and the 
Governor, & that they are willing to lend an Ear to what he has to 
say : 

That he comes hither from the Six Nations, on Business relating 
to the last Treaty held between them & this Government; that on his 
Road hither he heard the Melancholy News of the Governor's Loss, 
by the Death of his Spouse ; that he once resolved to turn back lest 
the Governor's Affliction should prevent him from attending to Bu- 
siness, but thinking it better to proceed forward, he is pleased to find 
the Governor present with them ; that he takes part in his Grief, and 
if he had a Handkerchief good and fine enough to present to the 
Governor, he would give it to wipe away his tears ; then presenting 
some strings of Wampum to the Governor, he desired that the Gov- 
ernor would lay aside his Grief and turn his thoughts to Business, as 
he had done before. 

The Governor receiving the Strings of Wampum, thanked him for 
the kind Concern he had expressed on his Account. 

Hetaquantagechty then addressing himself to the Proprietor & 
Governor, and presenting two drest Skins as a Mark of the Regard 
of the Six Nations for their Brethren here, proceeded to say : 

That his Brethren may remember he came hither last Summer on 
a Message from the Six Nations, acquainting this Government that 
they would come to Philadia this Spring, to return an Answer to 
the Treaty held with them the year before, according to which Prom- 
ise they fully intended to have come, but the Ganawese Indians 
having sent them word that they were hastening to them on some 
Important Business, the Six Nations waited for their coming, 
which was not till the Summer was far advanced ; that then having 
resolved to come hither, they appointed a place for their Nations to 
meet at, on Sasquehannah River ; that some were actually set 
out and gone some days Journey, when a Message came from the 
Government of New York, by some of the Commissioners for In- 
dian Affairs, desiring a Meeting of the whole Six Nations at Tsan- 
andowa, on affairs of great Moment, relating to the French ; that 
these Commissioners had brought with them «'^''eral great Guns, and 



625 MINUTES OF THE 

seemed to have Business of Consequence to propose, on which Ac- 
count the visit of the Six Nations to this Government was delaj'ed, 
and many of those who were gone belbre were called back ; that 
therefore he was sent from iliem to represent the true Reason of their 
not coming, and to excuse them to their Brethren liere ; that he was 
Jikewisc desired to tell them that the Six Nations had considered of 
all the matters that had been treated of between them and this 
Government, and had approved of all that had been done and said, 
and would certainly come next Summer and fully ratify it them- 
selves. 

That on his Road hither he was sorely troubled to hear that some 
base Mis-representations had been made of those Indians that came 
hither to that Treaty, as if they were Persons who had no Authority 
for their coming, and were not of any Credit amongst their own Peo- 
ple, and that this Government had been imposed upon & put to a 
needless Charge on their Account ; that he believes this Report 
has been in a great Measure owing to a certain Woman,* whose 
old Age only protects her from being punished for such Falsehoods; 
that in the mean time they must resent it and hope to get rid of her. 
On this Article he delivered some strings of Wampum. 

He then proceeding, said, 

That the Indians have often complained of Great Quantities of 
Rum brought amongst them, but now they have more Occasion than 
ever to renew that Complaint ; for such Quantities are daily carried 
to them, that they are not only impoverished by it, but many of them 
disabled from providing Sustiiience for themselves and their Families; 
that the Indians love to drink it, and the Traders generally (urnish- 
ing themselves with little else, they can scarce get Powder &; Shott 
to hunt with; he therefore earnestly desires that some measures may 
be taken for preventing a Practice which must end in the Destruction 
of the Indians, who, if they want Rum, should rather fetch it for 
themselves than have it brought to them. 

That the Six Nations were desired by this Government, at the last 
Treaty, to prevail with the Shawanese to leave Ohio or AUegheney 
and return towards Sasquehannah ; that for this purpose they sent 
Messengers to the Shawanese, who answered that they would remove 
further to the Northward, towards the French Country, whereupon 
some Chiefs of the Six Nations set out to speak with them, and 
they mett together ; but he cannot tell what was the Result of this 
meeting. 

That he has understood when the Shawanese were desired to leave 
Allegheney they sent a Belt of Wampum to the Delaware Indians, 
with a Message, intimating to them that as they, the Shawanese, were 
to seek out a new Couijtry for themselves, they should be glad to 



*Mrs. Montour. 



PROVINCIAL COUNCIL. 626 

have the Delawares with them. That Sassoonan, the Delaware 
Chief, had forbid any of his People to go with the Shawanese, and 
had desired that these last mentioned Indians should rather return to 
Sasquehannah ; but Hetaquantagechty being apprehensive that if 
the Shawanese should go over to the French Country the Dela- 
wares would follow them, he thought proper to apprize this Govern- 
ment of it. 

That having now finished what he had to say he will only add, 
that as we have several Gunsmiths here, it would be very acceptable 
to all the Indians about Shamokin, to have one settled amongst them,- 
that they would engage he should be paid honestly for his work : he 
might gett many Skins and grow Rich. 

Then presenting a Bundle of drest Deer Skins, he said they were 
Hunters and lived in the Wilderness, and would desire, if their Breth- 
ren please, to have some Powder and Lead given them. 

He was asked from whom these Skins were given; whetherfrom the 
Six Nations. He said they were given by himself, Shekallamy, and 
the Neighbourhood about Shamokin. 

The Proprietors told him they took his visit kindly, and would 
consider what he had said and give an Answer to it : the Indians 
were invited to drink a friendly Glass. 
E. 



}■ 



At a Council held at Philadelphia, October 16th. 

PRESENT : 

The Honourable the Proprietaries. 
The Lieutenant Governor. 

Henry Brooke, Samuel Hasell, 

Clement Plumsted, Charles Read. |> Esquires. 

Ralph Assheton, 

And the Indians mentioned in the proceeding Minute. 

John Penn, Esqr., by the Interpreter, spoke to Ihem as follows. 

" My Brethren ; 

" I am well pleased with the Opportunity your visit gives me, so 
•' soon after my Arrival here, to see my good friends Hetaquanta- 
" gechty and Shekallamy, of both whom I have received so favour- 
" able a Character that you shall always be welcome to me, and [ 
" desire you to assure all the Indians, and particularly my good 
" friends of the Six Nations, that it shall be my constant care to 
" strengthen that firm League and Chain of Friendship which my 



6^27 MINUTES OF THE 

" Father first began, and has since been carefully preserved between 
*' the Indians and all the People within this Government. 

" Though I was not present when the last Treaty was held with 
" my Brethren of the Six Nations, yet the whole of what then pass- 
" ed v/as made known to me, and I entirely approve of it, being 
" agreeable to my own Sentiments. I am therefore, for myself and 
" on behalf of this Government now to acquaint you: 

*' That it would be very agreeable to us to have some of the wise 
" old Men of the Six Nations at Philadelphia, according to the Ex- 
" pectations they gave us, but since Business of great Consequence 
" has prevented them, we take it kindly that they have sent you, our 
'' good friends, to acquaint us with the true Reason of it. We shall 
'^' nevertheless expect to see next year, some of your Ancient Men 
" of the Several Nations, that we may have a full Answer to all 
" those matters of which we treated together. 

" Though we have not had the Pleasure of seeing our Brethren of 
" the Six Nations, because of the Message from New York, by the 
" Commissioners of Indian Affairs, yet we are the less Sorry seeing 
" it is not improbable but those People have come hither to treat of 
" matters which concern all the Subjects of the Great King of Eng- 
" land, and as the Government of York and Pennsylvania have the 
" same Common Interest, and are in Effect one and the same People, 
" we hope every Proposition they shall make for more firmly uniting 
" the Six Nations to their ancient good friends, the English, and for 
" strengthening all the Indians against the Attacks of their Enemies, 
♦' will be chearfuUy received and willingly hearkned to. 

" We are much concerned to find that the Shawanese, instead of 
" following the good Council we gave them, are desirous to go further 
" from us, and even to remove themselves towards the Settlements 
" of the French : if they should persist in this Resolution, which we 
" hope they will not, they will be lost to the Six Nations as well as to 
" us ; and therefore we must desire you, that as soon as you return 
" you will represent this to the Six Nations, that they may use their 
" Endeavours to prevent the Shawanese going off, and likewise cau- 
" tion the Delawares from giving any Ear to those who would per- 
" swade them to leave their old true friends. And on this head we 
" shall not be wanting to give them our wholesome Council, which 
" we hope their own true and real Interest will lead them to fol* 
" low. 

" As to the Complaints you make of the great Quantities of Rum 
" brought amongst the Indians, we believe there is but too much 
" reason for them ; such Complaints have been long and often re- 
" peated : we have made many Laws against that wicked Practice, 
" and we shall now order some parts of them to be interpreted to 
" you, that you may see how great our Care has been in those Points; 



PROVINCIAL COUNCIL. G28 

■** but the Indians are so fond of it, that unless you could fall on 
** son^e method to hinder them from drinking it, it is scarcely pnssi- 
*' ble lor us to prevent its being brought to them : some People for 
*' the sake of Gain, will hazard anything : the woods are dark and 
" thick, and what is acted there seldom comes to our knowledge, and 
♦' if it does, it is a very difficult matter to get any Person to witness 
" against those evil People what they have done, and without some 
*' Proof of this kind, our Laws will not punish them : all imagina- 
" ble Care shall be taken, that none of the Licensed Traders shall 
** escape unpunished, if any such Practice shall be proved against 
•" them, ^ if others come amongst the Indians, they go Secretly and 
*' without our knowledge ; if they can be discovered they shall be 
*' severely punished. 

(Then were read & Interpreted unto them, several Paragraphs 
of the Act against selling Rum and other strong Liquors to the In- 
dians.) 

" You know Brethren, that all the Subjects of England are fiee, 
" and those who are Tradesmen generally resort to such places 
" where they are most likely to gett Business, but we cannot order 
" them to goe to where we please : it is the hope of Gain that pre- 
*' vails with them : we should be glad to have the Indians accommo- 
" dated with Smiths for mending their Guns & Hatchets, and as 
" the People increase, it is very likely some may settle in your Neigh- 
" bourhood. 

*' We give no Ear to those foolish People who would endeavour 
" to discredit our good friends of the Six Nations, with whom we 
" held the late Treaty : we believe those that then came to us were 
" good Men and had an Authority for what they said and did ; you 
" should disregard such idle Reports, for they can make no Impres- 
** sions on us." 

They were then told that some Powder and Lead, with some cloath- 
ing, would be delivered to them. 

Hetaquantagechty said he was very much pleased with what had 
been spoke : it gave him great Satisfaction, but he thought it strange 
that our People would continue in a Practice so severely forbid by 
our Laws; he therefore desired that the Paragraph of the aforesaid 
Law which gives Power to any Persons to Seize and Secure Rum 
found at any Indian Towns or Settlements should be copied out and 
given him, that he might show it to the Indians. 

Which was ordered to be given him, but he was told that the In- 
dians must take Care not to drink or stave the Rum if they should 
find any in their Towns ; they are only to secure it, which when 
they have done, they are to acquaint this Government with their 
Proceedings, and wait till Orders are sent from hence how to pro- 
ceed further. 

47 



629 MINUTES OF THE 

This he said he would fully explain to the Indians. 

The Board having Ordered the following Goods to be gott ready^ 
they were delivered to the Indians, to witt i 
One half barrel of Powder, Six Knives, 

One hundred weight of Lead, Six Tobacco tongs, 

F«ur Strowds, Twopair of Scissors. 

Four Shirts, 
with some Bread, Rum, Tobacco and Pipes* 

The Governor gave Hetaquantagechty a laced Hatt, in return to 
the few Strings of Wampum he had presented,, with his Compliment 
of Condolance. 

The Indians having thanked the Proprietaries, Governor and Coun- 
cil for what had been given them, and drank a friendly Glass, de- 
parted. 
E 



October 17th. 

The following Address was this day presented to the Elder of the 
Honourable the Proprietaries. 

*' To the Honourable John Penn, Esquire, One of the Proprietors 
" of the Province of Pennsylvania, &c. 

" The Address of the Representatives of the Freemen of the said 
" Province, in General Assembly met. 

" May it please the Proprietor : 

" Excited by Affection and Gratitude, we chearfully Embrace 
" this Opportunity of Congratulating Thee on thy safe Arrival to the 
*' place of thy Nativity. When we commemorate the many Benefits 
«' bestowed on the Inhabitants of this Colony, the Religious and Civil 
" Liberties we possess, and to whom these valuable Priviledges, under 
" God and the King, are owing, we should be wanting to ourselves 
" and them we represent, did we not do Justice to the Memory of thy 
" worthy Ancestor, a Man of Principles truly humane, an Advocate 
" for Religion and Liberty. 

" What may we not hope for from a Son of so great a Man, edu- 
" cated under his Care and influence, by his Example? May his^ 
" Descendants inherit his Virtues as well as his Estate, and long 
*' continue a Blessing to Pennsylvania. 

" Signed by Order of the House, 
« A. HAMILTON, Speaker.'^ 



PROVINCIAL COUNCIL. 630 

The Proprietor's Answer. 
" Gentlemen: 

" I return you my hearty Thanks for this affectionate Address; the 
" kind Regard you express for the Memory of My Father is most 
" agreeable to me, and as it was always his Desire so it is strongly 
" my Inclination, to do every thing in my Power that can promote 
" the Happiness and Prosperity of this Province." 
E. 



October 18th. 

The following Address was this day brought up to the Gover- 
nor : 

" To the Honourable Patrick Gordon, Esqr., Lieutenant Gover- 
" nor of the Province of Pennsylvania : 

" The Address of the Representatives of the Freemen of the said 
" Province, in General Assembly met. 

" May it please the Governor : 

" The happy Arrival of the Eldest of our Proprietors into this their 
'• Province gave us sensible Satisfaction and Pleasure, which with 
*' Chearfulness and Unanimity, we have endeavoured to demon- 
" strate in a congratulatory Address presented him on that Occa- 
" sion. 

" We gratefully acknowledge the Governor's hearty Inclinations* 
" to promote the Interest of this Colony, and his affectionate Re- 
" gard to the Inhabitants thereof, apparant not only in his kind 
" Expressions but in his good Conduct, which has so much contribu- 
*' ted to our Ease and Happiness. And we take it as a fresh Instance 
" of his Care for our Welfare, that he has been pleased to commu- 
" nicate to us the Purport of the Letter he lately received from the 
" Lords of Trade and Plantations, the Subject of which is of great 
" Importance to the People of this Province, and might justly require 
" our further Deliberation; but as the Governor is under a Necessi- 
" ty of returning a speedy Answer in that Affair, we think it a Duty 
" incumbent on us now to say, that we humbly conceive Hemp, 
" Pigg and Bar Iron, being Commodities generally purchased with 
" Money, by the Subjects of Great Britian from the Northern King- 
" doms, might on a Bounty given by the Government at home, be had 
" from some Parts of this and other Colonies equally good,in Exchange 
«' for the Manufactures and Produce of our Mother Country much 
" wanted and with difficulty paid for, amongst us. 

" The frequent assurances the Governor has been pleased to give 
" us of Contributing the utmost in his Power for our Interest, leave us 



631 MINUTES OF THE 

" no Room to doubt but that he will represent these Matters in the 
" strongest and most advantageous Light, and will thereby renderit 
" a Duty incumbent on us, to repeat our Acknowledgements for this 
" Favour, added to the many received of him by the Inhabitants ol 
" this Province. 

" Sign'd by Order of the House, 

« A. HAMILTON, Speaker." 

The Governor's Answer. 

" Gentlemen : 

" I thank you for this obliging Address, and you may be assured 
»• I will not be so far wanting to myself, as to neglect any Occasion 
'♦ that may be improved for the Service of this Province." 

The House adjourned with the Governor's Concurrence, to the 
thirtieth day of January next. 

E. 



October 31st. 

On the subject matter of the Governor's Speech to the House, he 
wrote this day to the Right Honourable the Lords Commissioners for 
Trade & Plantations, in the following Terms : 

" My Lords : 

" The Regard your Lordships have shewn for the Welfare of His 
" Majesty's Colonies on this Continent, by giving them an Opportu- 
" nity of representing what may be further Necessary for the En- 
" couragement in raising Naval Stores, and other Commodities fit 
" for Britain, deserves very particular Acknowledgements, & I am, 
" in behalf of this Province, to make them to your Lordships on thrs 
" Occasion. 

" Your Secretary's Letter on this Subject, with its Duplicate, did 
" not reach my hands till the latter end of last Month, and before I 
" proceed to Answer it by this first Conveyance that has since ofl'ered 
" for London, I must beg Leave to observe to your Lordships, that 
" it is the whole study of the Merchants here, to contrive ways for 
*' making Returns to Britain to pay for those great Quantities of their 
" Manufactures that are daily brought hither, and it is not without 
" the utmost Difficulty that they are able to accomplish it. What- 
" ever Encouragements therefore are given for such Commodities 
" as this Country is capable of producing, fit for Returns directly 



PROVINCIAL COUNCIL. 632 

■": to Britain, will manifestly tend to increase our Importations from 
" thence. 

" Of Naval Stores, my Lords, this Province produces those two 
" valuable Commodities, Hemp and Iron. 

" The first has not as yet been raised in any great Quantities, the 
" price of Labour being high, tho' many are going upon it; but as 
" there are large tracts of Land fit for that Produce, it is to be hoped 
" that a Continuance of the same Bounty now given, may in time, 
" when Wages are lowered by the Number of Inhabitants, enable 
" us to make considerable Returns in it. 

" As to Iron, it is generally allowed that what is produced here 
" is as fine and good as any whatsoever, but the great Expence that 
" attends Works of that kind, in a Country where Labour is so dear, 
" has given no small Damp to these Undertakings. On a suitable 
" Encouragement I am perswaded that this Province, and some ol 
" the adjacent Colonies, may be able to import such Quantities of 
" Pig Metal and Bar Iron, as may very greatly abate the necessity 
"Britain has hitherto lain under, of supplying itself therewith on 
" disadvantageous terms, fi'om foreign Nations. 

" Flax is likewise found to agree so well with our Soil, that ii is 
*' not to be doubted but a very considerable Progress may soon be 
" made in this Commodity, of which great Quantities are imported 
" from other Nations into Britain, and your Lordships are so sensi- 
" ble of the constant Demand there is for it, that if large Supplies 
" can be furnished by His Majesty's Colonies, no Manufacture may 
*' better deserve an Encouragement or contribute more to discharge 
" the Debt incurred by the Importation of British Goods. 

*' The Mulberry Tree is likewise so natural to our Soil, growing 
" wild in the rich Lands ; and the Silk Worm thrives so well, that 
*' there is a distant Prospect of some advances towards a Silk Man- 
" ufacture, which, as it afords Employment for the weakest hands, 
" would be of the utmost advantage. Someamongstus have shewn 
<' how practicable a Design of this kind is, by making some small 
" Quantities, not inferior as I am informed, in Goodness & Fineness, 
" to the best from France or Italy ; but Persons are wanting to lead 
" us into the way of winding it from the Balls, which I understand 
*' to be the most difficult part of the Work. But as in time this 
" difficulty may be surmounted, I cannot but recommend likewise a 
«' Manufacture of this kind as deserving the greatest Encouragement, 
" since by the promoting it a valuable addition may be made to the 
<' Trade of Great Britain. 

" There have been likewise some small Essays towards making 
*' Potashes, & from what I have both heard & seen, there is Reason 
" to conclude that a Design of this kind may with Industry, if en- 
*' couraged, be considerably advanced. ... 



633 MLNUTES OF THE 

" What may be proper to be proposed as Encouragements on all or 
" any of those Commodities I have mentioned, must be left entirely to 
" your Lordships, whose great Knowledge of the general trading Inter- 
" est of Britain, and of the ballance of Trade between that Kingdom 
" and those Nations from whence such Merchandizes are brought, 
" enables your Lordships to judge in this particular more clearly, 
" what may best conduce to the Benefit of Great Britain, and to the 
" good of its Colonies. 

" I beg leave to acquaint your Lordships that the Circumstances 
" of this Province are so litle varied from what they were in the 
" year 1731, when I returned an Answer to the Queries then sent 
'' me, that any alteration in that Answer appears at this time unne- 
" cessary. I am with Esteem, 

*' My Lords, 

" Your Lordships' 

" Most Obedient, humble Servt. 

" P. GORDON." 
E. 



At a Council held at Philadia. Novemr. 30th, 1734. 

PRESENT ; 

The Honourable PATRICK GORDON, Esqr., Lieutenant Gover- 
nor. 

Henry Brooke, Thomas Griffitts, > ^ 

Thomas Laurence, Charles Read. S ^^""'^^' 

A Return of the Order of Council of the iGth of May last, for 
laying out a Publick Road from the great Swamp in the County of 
Bucks, to the North Wales Road, leading to Edward Farmer's 
Mill, was this day laid before the Board, & being read, is in these 
Words : 

" Pursuant to an Order of the Governor and Council of Pennsyl- 
" vania, to us directed, bearing date the tenth day of May, Anno. 
" Domini, 1734. We whose Names are hereunto subscribed, 
" with the assistance of John Chapman, Surveyor, have surveyed 
" and laid out the following Road : 

" Beginning at a white Oak standing near George Scabeye's Mills 
" in the County of Bucks, in the Province of Pennsj^Ivania aforesd., 
■■' running thence South thirty five Degrees, West Seventy & six per- 
•' ches, thence South twenty four Perches, thence South West One 
*' hundred & eight perches, thence South by West Sixty perches, 
" thence South West three hundred & Sixty perches, thence South 



PROVINCIAL COUNCIL. 634 

*' fifteen Degrees East one hundred seventy two perches, thence 
*' South two hundred & sixty perches, thence South thirty two De- 
^' grees, West two hundred & sixty perches, thence South by West 
" fifty two perches, thence South West and by South twelve perches, 
" thence South East thirty two perches, thence South by East forty 
" four perches, thence South East one hundred ninety two perches, 
" thence South thirty Degrees, East two hundred & forty perches, 
^* thence South One hundred fifty two perches, thence South forty 
*' Degrees, East forty eight Perches, thence South Sixteen Perches, 
" thence South by West twenty eight Perches, thence South West 
"' by South twenty Perches, to near Thomas Fletcher's Mill, 
•' thence South fifteen Degrees, East twenty Perches, thence South 
*' one hundred fifty two Perches, thence South thirty Degrees, East 
" one hundred & twelve perches, then over the Mill Creek, thence 
" South twenty four Degrees, East two hundred seventy two perches, 
" thence South seventy Degrees, East sixty perches, thence South 
*' twenty five Degrees, East fifty two perches, thence South twenty 
*' five Degrees, West two hundred forty four Perches, thence South 
*' fifteen Degrees, East fifty eight Perches, thence South thirty De- 
*' grees. East forty Perches, to near David Jenkins', thence South 
*' five Degrees, East forty perches, thence South East twelve Per- 
" ches, thence South thirty five Degrees, East sixteen perches, thence 
" South forty perches, thence South fifteen Degrees, East Sixty four 
" Perches, thence South fifteen Degrees, West forty Perches, thence 
" South twenty five Degrees, West forty four perches, thence South 
" forty perches, thence South twenty five Degrees, West twenty 
" eight perches, thence South West Sixty eight Perches, thence South 
■" twenty five Degrees, West fifty two Perches, thence South by East 
" twenty perches, thence South twenty Degrees, West twenty 
" four perches, thence South thirty Degrees, West eighty perches, 
*' thence South twenty Degrees, East twenty four perches, thence 
" South twenty Degrees, West thirty two perches, thence South 
*' thirty Degrees, West one hundred forty eight perches, thence South 
" Sixteen Degrees, West thirty two perches, thence South five De- 
" grees, West one hundred & eighty perches, thence South fifteen 
" Degrees, East one hundred thirty two perches, to the Line between 
*' the County of Bucks and the County of Philadelphia, thence 
*' South five Degrees, East two hundred seventy two perches 
" thence South fifty five Degrees, West thirty two perches, thence 
*' South one hundred forty four perches, thence South East twen* 
" ty Perches, thence South forty eight perches, to the East branch 
" of Parkeoman, below John Mires' Mill, thence South East sixteen 
*' perches, thence South fifteen Degrees, East twenty four Perches, 
" to George Hartloes, thence South forty Degrees, West twenty 
" eight perches, thence South thirty Degrees, Eastten Chain or fi)rty 
*' perches, thence South fifteen Degrees, East sixteen perches, thence 
*' South thirty Degrees, East forty perches, thence South twenty five 



635 MINUTES OF THE 

" Degrees, East twenty perches, thence South fifteen Degrees, Easl 
" two hundred and twenty four perches, thence South East two 
" hundred & sixty perches, thence South twenty five Degrees, East 
" forty eight perches, thence South by East fifty six perches,. 
" thence South East one hundred & seventy six perches, thence South 
" South East one hundred & twenty perches, thence South thirty 
" five Degrees, East twenty four perches, thence South twenty five 
" Degrees, East eighty perches, thence South East sixteen perches, 
*' to the maine Branch of Skipach, thence South Sixty perches, 
" thence South by East two hundred perches, thence South twenty 
" eight perches, to the Line of the Dutch Township, thence South 
" two hundred <fc sixty four perches, thence South thirty Degrees, 
" East seventy six perches, thence South seventy Degrees, East 
" sixty eight Perches, to Wiliam Tuniss', thence South thirty De- 
" grees, East Eighty eight perches, thence South East two hundred 
" & twenty perches, thence East eighty perches, thence South 
" East one hundred & fifty two perches, thence South twenty five 
'' Degrees, East thirty two Perches, thence South ten Degrees, East 
" twenty perches, thence South sixteen Degrees, East one hundred 
" & four perches, thence South fifty four perches or pole, to the 
" Road on the upper Side of North Wales, leading to Edward Far- 
" mer's Mill. 

" John Chapman, Sur,, 

" John Bartholomew, 
" John Roberts, 
" John Edwards, 
" James Robeson, 
" John Lester, 
" George Packman." 
On due Consideration hereof had, and of the Draught accompa- 
nying the Return, the said Road is approved and hereby confirmed, 
and It is ORDERED that the same be opened and cleared, as soon 
as the season of the year will permitt. 
E. 



January 16th. 

The House having mett on the 1 Sth, pursuant to their Adjournment, 
& notified the same to the Governor, the following written Message 
was this day sent down to them : 

" Gentlemen: 

" Several Natives of Germany, now Inhabitants of this Province, 



PROVINCIAL COUNCIL. 636 

'' a List of whose Names will be herewith delivered to you, having 
*' by their Petition to me prayed my Concurrence in an Act for 
*' their Naturalization, I have made Enquiry into the Character and 
" Circumstances of the Petitioners, and find that almost all of them 
" have bona fide purchased Lands, in this Province ; that they have 
" hitherto behaved themselves well in it, and that Certificates have 
" been produced to me of their having qualified themselves by taking 
" the several Oaths & Declarations or solemn Affirmations, directed 
" by Law to be taken by His Majesty's liege Subjects, I have there- 
•'' fore no Objection to their being admitted to enjoy equal Rights with 
" His Majesty's natural born Subjects in this Province, and shall 
•' concur with your House, in passing a Law for this Purpose. 

" P. GORDON." 
E. 



25th. 

The Governor received a Verbal Message from the House, by 
three of the Members, acquainting him that the House having receiv- 
ed Information that several Persons were apprehended, & now con- 
fined in the Goals of Philadelphia and Newcastle, on Suspicion of 
having counterfeited and altered large Quantities of Paper Bills of 
Credit, part in Imitation of the Currency of Pennsylvania, &. part 
in Imitation of that of the lower Counties ; the House therefore de- 
sired that the Governor would be pleased to give Directions for the 
speedy Prosecution of the said Offenders, according to Law. 

Which the Governor promised he would do. 

Those Members delivered likewise to the Governor, an Order for 
Six Hundred Pounds in part of the Support of the current year, & 
acquainted him that the House proposed to adjourn to the 17th of 
March, if it suits his Conveniency. 

His Honour thanked the House for their Care of him, & added 
that he had no Objection to the time proposed for their Adjourn- 
ment. 
E. 



March 18th. 

The House having met yesterday, pursuant to their Adjournment, 
and notified the same to the Governor, His Honour sent down this 
dav, the following written Message to the House : 



637 MINUTES OF THE 

" Gentlemen : 

" On Application of the Persons whose Names are hereunto sub- 
" joyned, and their having produced to me Certificates of their being 
" duly Qualified as the Law directs, I have consented that tlieir 
" Names be inserted in the Bill of Naturalization now before your 
" House, and desire you will direct the same to be done accordingly. 

" P. GORDON." 
E. 



At a Council held at Philadia, March 27th, 1735. 

PRESENT : 

The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 

Samuel Preston, "] 

Henry Brooke, t Esquires. 

Clement Plumsted. J 

Were read the four following Bills, sent up from the House En- 
tituled : 

An Act to prevent the Damages which may happen by firing of 
Woods : 

An Act for the better enabling divers Inhabitants of the Province 
of Pennsylvania to hold Lands, & to invest them with the Priviledges 
of natural born Subjects of the said Province. 

A Supplement to the several Acts of Assembly of this Province 
for Relief of the Poor, 

While these Bills were under Consideration, a Bill was brought 
up &. read, Entituled, 

An Act for confirming the Election of the Commissioners & As- 
sessors for the County of Bucks. 

To the first, second & fourth, some small Amendments were pro- 
posed «fe ordered to be carried down with the Bills, but the third being 
a long Bill, & of Importance, the Consideration thereof is deferred 
till to morrow morning, that a fuller Council can be had. 

E. 



PROVINCIAL COUNCIL. 638 

At a Council held at Philadia, March 28th, 1735. 

PRESENT : 

The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 

Samuel Preston, Ralph Assheton, ^ 

Henry Brooke, Samuel Hasell, S Esquires. 

Clement Plumsted, Charles Read. ) 
Thomas Laurence. 

The Minute of Council of the 3 1st of July last, and of those from 
that time being read and approved, 

The Consideration of the Supplementary Act for Relief of the 
Poor was resumed, to which, with other Amendments of less Note, 
the two following Paragraphs were drawn up, as proper to be added, 
&, it is ordered that they be sent down to the House with the Bill : 

" AND WHEREAS Complaints have been made against Over- 
•' seers of the Poor, who have supplyed the Poor with Necessaries 
" out of their own Stores & Shops at exorbitant Prices, and also, 
" Overseers who have paid unreasonable Accounts to their friends 
" or Dependents for Services done the Poor : And Whereas the 
" twenty fifth day of March, appointed by the aforesaid Act for the 
" Relief of the Poor, is found, by Experience, not to be a siiffi- 
*' cient Time for examining & settling the Accounts of the several 
" Overseers, & for regulating & redressing the Abuses that may be 
" Complained of; Re it therefore Enacted, by the Authority afore- 
" said, that the Magistrates of the respective Counties within this 
" Province, for the said Counties, and the Mayor or Recorder, with 
•' any two Aldermen of the City of Philadelphia, for the said City- 
" shall and may at any time within one Month after the said twenty 
" fifth day of March, annually examine and settle the said Overseers 
" Accounts, and shall have full Power to allow such Accounts & 
" Sums only as to them shall seem just and reasonable for any 
" goods delivered or services done for the Poor, in the said respective 
" Townships or City aforesaid. 

" AND WHEREAS, the Alms house built for the City of Phila- 
" delphia, may, if well regulated, be of Service, and help to ease 
■" the Inhabitants of the Taxes yearly assessed on them, for the 
*' Maintenance of the Poor ; Be it enacted by the Authority afore- 
" said, that the Mayor or Recorder, with any two Aldermen of the 
" said City of Philadelphia, shall from time to time have Power & 
" Authority to chuse and appoint a sober & discreet Person to reside 
" in the said Alms house, for taking care of the Poor therein, which 
" Person, so by them appointed, shall receive into the said Alms 
*' house such Poor only, & employ such Persons in the Service of 



639 MINUTES OF THE 

" the said House, as the said Mayor or Recoder, with any two Al- 
" dermen of the said City, shall from time to time direct, and further, 
" shall observe all such Orders & Instructions as shall be by them 
« given, for the better Regulation ^ good Government of the said 
" Almshouse." 

The Provincial Treasurer exhibited sundry Accounts of money 
by him expended on Treaties with the Indians, which Accounts are 
referred to Clement Plumsted, Samuel Hasell & Charles Read, Esqrs. 
to examine & Report thereon. 

A Petition of Sundry Inhabitants of the Counties of Philadia & 
Bucks, living near & about Macousie, was read, setting forth the 
Great Want of a Publick Road from Quesohopen, where the North 
Wales Road Ends, to Macousie aforesaid, for the Service of the 
Publick as well as the Accommodation of the Petitioners: Where- 
upon It is Ordered that Laurence Growdon, John Bartholomew, John 
Roberts, Robert Thomas, John Johnson & Hugh Evans, or any four 
of them, view the Place where such Road is wanted, & if they are 
satisfied that there is occasion for such Road, that they lay out the 
same by Course and Distance, as streightas possible, in such manner 
as may best suit the Publick Service, & with the least Damage to 
particular Persons, & that with a Draught of the said Road so laid 
out, they make Return thereof to this Board. 

The Governor received a Message from the House this evening, 
acquainting him that they had agreed to the Clauses proposed to be 
added to the foregoing Bill for the Relief of the Poor, with a small 
Variation, & likewise to most of the material Amendments proposed 
to the other Bills. 
E. 



March 29th. 

The Speaker with the whole House attended the Governor, and 
the Four Bills mentioned in the two preceeding Minutes were passed 
into Laws of this Province, &. Warrants issued for affixing the Great 
Seal thereto. 

The Speaker then acquainted the Governor, that with his Appro- 
bation the House intended to adjourn to the 1 5th of September next, 
to which His Honour said he had no Objection, whereupon the House 
withdrew. 
E. 



PROVINCIAL COUNCIL. 640 

At a Council held at Philadia., April 29th, 1735. 

PUESENT : 

The Honourable PATRICK GORDON, Esqr., Lieut. Governor. 

James Logan, Ralph Assheton, "^ 

Samuel Preston, Samuel Hasell, I t^ . 

Henry Brooke, Thomas Griffitts, r>^^quires. 

Clement Plumsted, Charles Read. J 

The Minute of the preceeding Council being read & ap[)roved, 
Mr. Logan, the Chief Justice, reported that at a Court of Oyer & 
Terminer & General Goal Delivery, held at Philadia. for the City & 
County of Philadelphia, the 14th & 15th days of this instant, April, 
two Persons, to witt: Cornelius O'Brian & Edward Fitzgerald, v/ere 
indicted & convicted of a Burglary, for which Sentence of Death had 
been passed against them, the time of its Execution being left to the 
Governor's Direction. 

A Petition from these Criminals, humbly praying the Governor's 
Compassion towards them, by sparing their lives, was then read, & 
His Honour desiring the Sentiments of the Board on the Subject — 
The Chief Justice gave a Relation of what passed on their Trial, & 
of the Behaviour of each. Which being considered, the Board are 
of Opinion that Fitzgerald may be reprieved conditionally, that he 
leave the Country, or otherwise the Sentence to stand good aoainst 
him ; but that O'Brian, who seemed to be more practised in such 
Crimes, should suffer the Sentence of the Law. 

Upon the Chief Justice's Application to the Governor, O'Brian 
was reprieved, as well as Fitzgerald, &; both sent out of the Coun- 
try. 
E. 



At a Council held at Philadia., May 6th, 1735 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut, Governor. 

James Logan, Clement Plumsted, } gg j^gg 

Henry Brooke, Thomas Laurence. S ^ 

The Minute of the preceeding Council being read & approved, 
The Governor acquainting the Board that having some time since 
received information of a great Outrage committed on an Inhabitant 
of this Province, living on the Borders, by one William Rumsey, 
a Surveyor of Maryland, & of very frequent Breaches of the Peace 
in those parts by him & his Associates, His Honour had issued a 



641 MINUTES OF THE 

Warrant directed to the Sherifs of the Counties of Chester & Lan- 
caster, & of the several Counties below, for apprehending the said 
Rumsey, if he should come into any of their Baily wicks, that he might 
be legally prosecuted for his said Offences & Breaches of His Ma- 
jesty's Peace ; that in pursuance of the said Warrant, Rumsey had 
been lately apprehended by the Sherif of Newcastle County, & 
was yesterday brought up hither in Custody, and that His Honour, 
judging it most proper that Rumsey should be acquainted with the 
Nature of the Offences he stands charged with in the presence of 
the Council, had therefore called as many of the Members together 
as could conveniently be had. 

Mr. Rumsey, in Custody of the Sherif of Philadia, being called 
in, and the Governor beginning to acquaint him with the Reason of 
his being apprehended, Mr. Rumsey humbly desired that Samuel 
Chew, Practitioner in Physick, who was attending without, might 
have leave to come in & hear what should be objected to him, the said 
Rumsey, for that having prevailed with Mr. Chew to be his Bail, if 
the Offence was baileable, it would be satisfactory to such as would 
come under Engagements for him, to be well informed of the Charge 
brought against him, Which being allowed, Mr. Chew was called in. 
The Governor then proceeded to inform Mr. Rumsey that repeated 
Complaints had been made of great Abuses &; Violences committed 
by him c^^ others at his Instigation, on several Inhabitants of this 
Province, living on the Borders of Chester & Lancaster Counties, 
for no other Reason, that could be learnt, than that those Persons 
asserted the Jurisdiction of this Province, in those parts where they 
live ; & their Title to their Lands, derived to them under this Gov- 
ernment; that particularly he, the said Rumsey, endeavouring to dis- 
possess one Edward Murphy of his Plantation on the North side of 
Peters Creek in the County of Lancaster, where he had been peacea- 
bly seated for several years, had caused his fences to be sett on fire, 
& the said Murphy, who imagining the fire to be accidental, had 
come out of his house to save them, to be sett upon by armed Peo- 
ple, & carried by force to the Goal of Coecil County, where Ac- 
tions & Indictments were carried on against him, to his grievous 
Oppression, & almost Ruin, all which is more at large sett forth in 
an Information which was ordered to be read. 

The Governor then observed how very unneighbourly, nay cruel, 
such Proceedings were, & especially betwixt the Subjects of the same 
Crown, to whom both Provinces are equally accountable for their 
Conduct; that some of these being carried on even while the Execu- 
tion of the Solemn Agreement concluded between the Proprietaries 
of each for accommodating all Differences touching their respective 
Boundaries was under the Consideration of the Commissioners ap- 
pointed for executing it, could not but appear still more astonishing, 
& lastly, that this Government had been so far from pursuing such 



PROVINCIAL COUNCIL. 642 

violent measures as of late had been countenanced by that of Mary- 
land, few or no Instances could be adduced to show that any In- 
habitants of that Province had suffered in their Persons or Possessions, 
by any Attempts of the kind on our side. This was more largely 
spoke to by Mr. Logan, who recounted several Instances of the Leni- 
ty of this Government, towards some notorious Disturbers of the 
Peace, Inhabitants as they call themselves, of Maryland, who had 
been apprehended in this Province for Outrages & violences commit- 
ted in it. 

Mr Rumsey denied the Charge of burning the fences & assaulting 
Murphy, but acknowledged that he brought an Action of Waste 
against him, for cutting down Timber on that Plantation, which he, 
the said Rumsey, claimed, & does still claim as belonging to him by a 
Right under Maryland, prior to that of Murphy's under Pennsylvania. 
That he gave the Process of Court to the Sherif to serve, & left it to 
him to execute in such manner as he should think most proper. 

Mr. Rumsey, with the Sherif & Mr. Chew, being directed to 
withdraw : 

The Board having considered the matter, are ot Opinion that Mr. 
Rumsey be sent in Custody into the County of Lancaster, wherr 
the Breach of the Peace was committed, there to answer the same 
at the ensuing Court of General Quarter Sessions, unless Bail be 
given here before one of the Justices of the Supreme Court, for his 
Appearance at the said Quarter Sessions in Lancaster. 
E. 



At the Courthouse of Philadia, May 29th, 1735. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governor. 
With several of the Magistrates. 

Fifty four Palatines and Switzers, who with their Families, makinji 
in all one hundred Seventy Six Persons, were imported here in the 
Ship Mercury, of London, William Wilson, Master, from Rotter- 
dam, but last from Cowes, as by Clearance from thence, were thi;; 
day qualified as usual, and their Names are hereunto subjoined : 

Conrad Wuertz, Jacob Tenzler, 

Abraham Weidman, Johan Ulrich Ahner, 

Rudolph Weidman, Johannes Weiss, 

Hans Jacob Ratgal, Baltzar Bassert, 

Jacob Boshart, Henry Merck, 

Jacob Schenckel, Hans Meyer, 

Hendrich Huber, Caspar Netzly, 

Jacob Naaff, Caspar Schweitzer, 



643 



MINUTES OF THE 



Henry Oswald, 
Jacob Frey, 
Jacob Meyer, 
Jacob Pertshinger, 
Henry Bruner, 
Hans Kiebur, 
Jacob Weidman, 
Hans Conrad Roller, 
Conrad NaafF, 
Jacob Madter, 
Hans Muller, 
Hans Ott, 
Johannes Heit, 
Hendrich Schuber, 
Martin Schelberger, 
Jacob Maurer, 
Hendri Scheuchzer, 
Jacob Shelberger, 
Henry Moseke, 
E. 



Henry Surber, 

Hans Uhlrig Amman, 

Rudolph Aberley, 

Jacob Wyst, 

Rudolph Egg, 

Rudolph Walter, 

Jacob Conrad Naaff, 

Jacob Schmit, 

Conrad Meyer, 

Jacob Naaff, 

Caspar Tutt, 

Caspar Pleuler, 

Jacob Minger, 

Abraham Wekerley, 

Conrad Rutzchi, 

Christian Erhard Newmeiter, 

Johannes Molich, 

Philip Klein, 

Hendrich Forst. 



At a Council held at Philadelphia, the 4th of June, 1735. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governor. 
Henry Brooke, Ralph Assheton, 



Clement Plumsted, 
Thomas Laurence, 



Samuel Hasell, 
Charles Read. 



}■ 



squires. 



The Governor laid before the Board the following Address of 
the Mayor and Commonalty of this City, presented to him this 
day, and desired the Opinion of the Board touching the Request 
thereby made, & the said Address being read is as follows : 

" To the Honourable Patrick Gordon, Esqr., Lieutenant Governor 
»' of the Province of Pennsylvania, Counties of Newcastle, Kent and 
« Sussex, upon Delaware. 

" The Humble Address of the Mayor and Commonalty of the 
«' City of Philadelphia. 

" May it please the Governor : 

" We having certain Intelligence of the Lord Baltimore's Appli- 
" cation to the King, for a Confirmation or grant of the Lands com- 
•' monly called the Territories of Pennsylvania, or the three Counties 
" of Newcastle, Kent and Sussex, on Delaware, as Lands within the 
»* descriptive part of his Charter, And being truly sensible how 



PROVINCIAL COUNCIL. 644 

*' deeply the Interest of theProvincein general, & of this City, &; the 
^' British Merc'iants trading hither in particular, nnust be affected, 
'" should the Lord Baltimore succeed in obtaining a Grant for the 
■■" same ; We thought it our dury, in behalf of this City, to request 
*' the Governor, that he would be pleased upon this extraordinary 
" occasion, to call together the General Assembly of this Province, 

" which stands Prorogued to the day of September next, & 

** to lay before them such Proceedings of the said Lord Baltimore, 
^* in this Affair, as are come to his hands, that they may be the bet- 
^' ter enabled to judge what is proper for them to do in an affliir 
" which in its Event may so greatly affect not only the Inhabitants 
" of this Province, but all others with whom they have any Trade 
^' or Commerce. 

" THO. LAWRENCE, May'r." 

The Board conceiving the Subject matter of the said Address to 
be of great Importance to this Province are unanimously of Opinion, 
that the Assembly should meet without loss of time ; Whereupon It 
is Ordered, that Writts be forthwith issued to the Sherifs of the res- 
pective Counties, commanding them to Summon the Representatives 
lo meet in Assembly at Philadelphia, the sixteenth day of this Instant, 
June. 
E. 



At a Council held at Philadia, June, 16th, 1735. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governor. 

Clement Plumsted, Samuel Hasell, "J 

Thomas Laurence, Charles Read. i- Esquires. 

Ralph Assheton, J 

The Meeting of the Assembly of this Province being by the Writte 
issued in pursuance of the preceeding Minute, fixed to this day, the 
Governor laid before the Board a Draught of a Speech he intended 
to make to the House, with Copies of the Lord Baltimore's Petition 
to His Majesty, the Report thereon by the Lords Commissioners for 
Trade & Plantations, to whom it was referred. Copies of the Petition 
of Richard Penn, Esqr., one of our Honourable Proprietaries, in 
behalf of himself & his elder Brother, now here, & of the Petition 
of sundry of the People called Quakers, & their Case. All which 
being read, the said Speech was approved of, and the sundry Papers 
produced were thought proper to be laid before the House. 



48 



645 MINUTES OF THE 

At a Council held at Philadia. June 17th, 1735. 

PKESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governor. 

Samuel Preston, Ralph Assheton, > .-, , 

Thomas Laurence, Charles Read. ^ ^^^"^ ^ 

The House of Rep-resentatives being sent for, attended with their 
Speaker, to whom the Governor made a Speech, which yesterday 
had been read .^- approved at this Board, and is in these Words : 

*' Mr. Speaker & Gentlemen ; 

*' It gives me no small Concern that I should be obliged to call you 
" together at a Season of the year when your domestic Affairs so 
♦' very ill admilt of your absence from home. 

"■ But the late Accounts from England, of an unexpected Application 
" made to His Majesty by the Lord Proprietor of Maryland, for ob- 
" taining a Grant or Confirmation of the three lower Counties on 
*' Delaware, as Lands within the descriptive part ol his Charter, have 
" so greatly alarmed all those in this Province, who have du- 
*' }y weighed <^ considered the unhappy Consequences of disu- 
" niting from Pennsylvania those whom the same form of Govern- 
" ment. administered under the sfime Proprietaries &, Governor, and 
" a Similitude of Interests & Inclinations, have for many years past 
" closely united, that an unanimous Address from the Mayor & 
" Commonalty of this City, bath been presented to me, requesting 
" that the Representatives of the People might be conven'd as soon 
" as possible, to consider of such Measures as may be most proper 
*' to be taken on this Emergency, as well for the Interest of the 
" Province in general, as that of the City of Philadelphia with res- 
" pect to its Trade in particular. From my own sincere Regard there- 
" fore to the Welfare of this Province, which Duty & Affec- 
" tion equally lead me to consult & promote, & in complyance 
" with the desire of so considerable a Body as have addressed me 
" on this Occasion, I now meet you ,• and as it is unnecessary for 
" me to mention any of the Disadvantages & Inconveniences that 
•' would attend the Success of so extraordinary an Application to 
" His Majesty, since they are too many, & lie too obvious to escape 
" the observation of any thinking Person, I shall only lay before 
" you such Papers relating to this Affair, ^ the Progress yet mide 
" in it, as are come to my hands, & leave the whole to be consider- 
" ed of by you in such manner as best suits the Importance of the 
*' Subject, & the real Interest &, Prosperity of Pennsylvania." 

With a Copy of which Speech the several Papers mentioned in 
the preceeding Minute being delivered to the Speaker, the House 
withdrew. 
R 



PROVINCIAL COUNCIL. 646 

18th. 
Thfl following Address was this day sent up from the House : 
" To the Honbie Patrick Gordon, Esqr., Lieutenant Governor of 
** th'i Province of Pennsylvania, and of the Counties of Newcastle, 
** Kent and Sussex, on Delaware. 

" I'he Humble Address of the Representatives of tha Freemen of 
•' the sai 1 Province, in General Assembly met. 
*' May it please the Governor : 

" The Regard & Affection the Governor has express'd for the 
♦' Wfiltareof this Province, leave us no room to doubt the sincerity 
" of his Intentions, And though the Season of the year and our 
" do n ;suc Affairs but ill admitt of the Absence of many of us from 
" hi) w., yet the important occasion of our being called together, in- 
" cliuiis us chearfully to forego any private v 
** tur.i when the Interest of the Publick calls so loudly for our As- 
sistance. 

" The extraordinary Attempt of the Lord Proprietor of Maryland 
" for the obtaining a Grant of the three lower Counties on Delaware, 
" an 1 a part of this Province, after so many repeated determinations 
" ot'rtie Crown, so long Possession against him, and his own solemn 
'' Aj;reoinent and Release, so lately made, is indeed surprizing, and 
" sh .;ild he succeed in that Application. We conceive it would be 
" an -aljd with Consequences truly unhappy to the Inhabit^ints of 
" {h'< Province, not only in disuniting th )se whom the same form 
'< of 'T)vernment, administered under the same Proprietaries & 
it Q ,v.>rnors, and a Similitude of Inclinations &c Interests have 
" clt>-<=!ly united, but in diminishing our Trade, depriving many of us 
'• of t u- Properties, and destroying those Religious & Civil Liber- 
" tie- vhich were one of the Chief inducements to the first Plantintr 
" of fUis Colony. And therefore it is that We are unanimously 
" Rac'^nA to do every thing in our Power, consistent with the Duty & 
" L »valty We owe to our Sovereign, which may best contribute to 
" thri preservation of the Interest of the Province in General, & of 
" the Trade of the City of Philadelphia in particular. 

" Signed by Order of the House. 

'' A. HAMILTON, Speaker." 



June 24th. 

Th >. Speaker with the House attending the Governor, the follow- 
ing i'-vate Bill, which had passed the Hou:"^ with His Honour's 
Cone irrence, was this day enacted into a Law, & the Great Seal 
order "i to be affixed thereunto, Entituled : 



647 MINUTES OF THE 

An Act for the more effectual vesting and Settling certain Lands 
in George McCall, pursuant to the Covenants and Agreements of all 
the Parties having any interest in the same. 

The House having prepared a Petition to His Majesty, notified 
to the Governor their Adjournment to the 15th of September 
next. 
E. 



At the Courthouse of Philadia, June 28th, 1736. 

PRESENT : 

The Honourable PATRICK GORDON, Esqr., Lieutenant Gov- 
ernor, 
And some Gentlemen of the Magistracy : 

Thirteen Palatines, who, with their Families, making in all thirty 
nine Persons, were imported here in the Brig Mary, of Philadelphia, 
James Marshall Master, from Ljndon, were this day qualified a« 
usual, and their Names are hereunto subjoyned : 

Melchior Scholtze, Johannes Werchman, 

Peter Schwaub, Solomon Buckstool, 

Henrich Werchman, Henrich Boshart, 

Wilhelm Gesel, Nicholaus Botikofer, 

Andreas Widmar, Jacob VVidmar, 

Zacharias Friedrich, Solomon Buckstool, junr. 
Andreas Brinker, 
E. 



July 29th. 

Several Indians of Conestogoe and Sasquehannah, to the number 
of Thirty in all. Men, Women & Children, coming to Town on « 
friendly visit, and their Chiefs applying to the Proprietaries and Gov- 
ernor to be heard in Council, 

A Council was held at Philadia, Angus 1st, 1735. 
present: 
The Honourable THOMAS PENN, Esqr. Proprietary. 
The Lieutenant Governor, 

amuel Preston, Thomas Griffitts, 

Clement Plumsted, Charles Read. J- Enquires 

Ralph Assheton, 



} 



PROVINCIAL COUNCIL. 648 

PR F SENT, also: 

Tioquataraghse or Civility, Onichsulyiena, Garhagenerat, Canas- 
quagenerat, Tatiernughti, with several other Conestogoe Indians of 
less Note. 

Ullaloes, Chief of the Ganawese, with Peyhiohinas, Joaasha, &, 
some others of that Nation. 

Gannuawantagerah, Wawiabiessanagh 4* others of the Shawan- 
ese. 

Conrad Weyser interpreter. 

The Proprietor toid the Indians that as soon as he heard of their 
Arrival he sent a Message to his Brother, at Pennsbury, acquainting 
him therewith, but that he is so much indisposed as not to be able to 
come down, & that the Council are now met to hear what they had 
to offer. 

Civility, by the Interpreter, said : 

That there are now present three different Nations of the Indians, 
to witt : the Conestogoes, Ganawese and Shawanese, who are come 
down to visit the Proprietors, and to renew with them the League 
& Chain of Friendship. 

That when William Penn first came into this Country, he called 
many of the Indians ti>gether and told them that the Great King of 
England had given unto him a large Tract of Land, on which seve- 
ral Nations of Indians were settled ; that it was his desire to live in 
Peace & good Friendship with all those Indians, & therefore he 
would make Purchases from them of those Lands, before they should 
be possessed by the White People. 

That the Indians told Willm. Penn he and they should live on 
those Lands like Brethren, in Love & Friendship; whereupon Willm. 
Penn and the Indians ei.ired into a League of Friendship together, 
whereby they became all as one People and one Nation, joyned to- 
gether so strongly that nothing should ever disunite them, but that 
they should continue one People for ever. 

That one Chief Article then agreed on between Willm. Penn & 
the Indians was, that if any Mischief or Hurt should befall either, 
they should assist one another, and constantly have their Eyes open 
to watch for each other's Safely, and iheir Ears open that if any News 
were brought from any Country that might give uneasiness to 
either, they should carefully inform each other of what they heard. 

That it was further agreed between Willm. Penn & the Indians, 
that each should bear a share in the other's Misfortunes. That this 



649 MINUTES OF THE 

Country, tbo' it Might be filled with People of different Nations, yet 
Care should he taken that Justire should be done to every Person, 
and no Mischief happen without Satisfaction being given when it 
was necessary. 

That Willm. Penn & the Indians agreed on other Articles, of all 
which two Papers were written ; one of them their Brother Willm. 
Penn had &. the other they have brought with them, to show that 
they preserve all these things carefully. 

That their Brother, Willm. Penn, lold the Indians this Agreement 
was to continue for three Generations. 

Then laying down three bundles of skins, 
He said : 

That they were now come hither to see Willm. Penn's Sons, to take 
them by the hand and renew with them the League of Friendship 
made with their Father. And to bind their Words, they now pre- 
sented, in the Name of all the Conestogoe, Ganawese and Shawan- 
ese Indians, three bundles of Skins. 

Civility laying down another small Bundle of skins, added : 

That the Shawanese Indians, who live upon River, lately 

Sent him a Present of Skins, which he now gives to the Proprieta- 
ries, to engage them to assist in composing any I>iiferences that may 
arise between the Irish People, who are come into those parts, and 
these Indians, who intend to live & dye where they are now set- 
tled. 

That he has now finished all he had to say. 

The Proprietor told the Indians that he would speak to them on 
the Heads they had mentioned verj soon ; S,' orders being given for 
their good Accommodation & Entertainment, they were at present 
dismissed. 
E. 



At a Council held at Philadia, August 2d, 1735. 

present: 

The Honble THOMAS PENN, Esquire. 

The Lieutenant Governor, 

Samuel Preston, Thomas Griffitts, 1 p 

Ralph Assheton, Charles Read. j lisquires. 



PROVINCIAL COUNCIL. 050 

And the Indians mentioned in the proceeding Minute. 

The Proprietor spoke to the Indians by the Interpreter as fol- 
lows : 

" Friends & Brethren: 

" I told you yesterday, that on the first Notice I had of your 
*' connirig to town I had sent to my Brother, whom I had left at 
*' Pennsbury, to desire his company here, ^ I am now truly sorry 
*' that the lndispo>ition he labours under, which till it is over will 
^' not suffer him to travel, must deprive him of the pleasure he would 
■" have taken at your visit. You are sensible he is your Country- 
■*' man, being born in the same Land with you, and for this reason 
*' he would have desired to see you ; but he has sent me a Letter by 
■" which i know his mind, and now since he cannot be present him- 
" self I shall give j'^ou both his 4* my own Sentiments, which I as- 
"" sure you are exactly the same. 

*• We need not now tell you, who formerly saw our Father Willm. 
*' Penn here, that he loved all the Indians as his own People & Chil- 
*' dren, he shewed it in all his Actions and Conduct towards them; 
*' he made firm Leagues of friendship with all the Indians, and he 
'* not only observed them strictly himself, but he gave it in charge 
*' to us his children to do the same. And as we are the same with 
" our Father, so we are very well pleased to find by this visit, and 
^' what you have said, that you are the very same you were when 
•" he was here, and that you not only remember the Substance of 
■" what then past, but also have kept one of the Instruments or Wri- 
*' ting that he gave your Fathers under his hand. 

" Now as you are come with that very good Design to renew & 
^' strengthen those former Ti'eaties, I doubt not but you will believe 
"" with me that the most proper Method for this is to read over to 
^' vou here, since you cannot read yourselves, the principal of those 
*' Writings that passed between our Father and you or your Fath- 
^* ers, when ours was last here, which are in these Words : 

" We. Widaagh alias Orytyagh and Andaggy-junkquagh, Kings 
^' or Sachemas of the Sasquehannah Indians, and of the River un- 
<' der that Name, and Lands lying on both sides thereof, doe declare 
*' That for and in Consideration of a parcel of English Goods unto 
<' us given by our Friend &. Brother William Penn, Proprietary and 
" Governor of Pennsylvania, and also in Consideration of the 
-*' former much greater Costs and Charges of the said William 
<' Penn hath been at in treating about and purchasing the same, We 
" doe hereby Give, Grant and Confirm unto the said William Penn 
*« all the said River Sasquehannah &, all the Islands therein, and al 
" the Lands situate, lying and being upon both sides of the said Ri- 
*» ver, and next adjoyning to the same, extending to the utmost Con- 
<' fines of the Lands which are or formerly were the Right of the 



«5I MINUTES OF THE 

" People or Nation called the Sasquehannah Indians, or by what name- 
" soever they were called or known. And also aH the Lakes, Riv- 
" eps, Rivulets, Fountains, Streams, Trees, Woods, Underwoods, 
" Mines Royal and other Mines, Minerals, Quarries, Hawkings^ 
** Huntings, Fishings, and Fowlings, and other Royakies, Privileges, 
" and Powers whatsoever, to them or any of them belonging, or by 
*' them enjoyed as fully and amply in all Respects as we or any of 
" our Ancestors have, could, might or ought to have, had, held or 
•■« enjoyed. And also, all the Right, Title, Interest, Possession, 
" Claim and Demand, which we or any of us, or the said Nation, 
" or any in right of the same, have or hereafter can or may claim 
" to have in the same. And we do hereby Ratify and Confirm unto 
*' the said William Penn, the Bargain & Sale of the said Lands, 
*♦ made unto Coll. Thomis Dongan, now Earl of Limerick, &. for- 
♦' merly Governor of New York, whose Deed of Sale to the said 
»' Govr. Penn we have seen. TO HAVE & TO HOLD the said 
*' River, Lands & Premises hereby granted and confirmed, with their 
•^' & every of their Rights, Members & Appurtenances, unto the said' 
•' Willm. Tenn, his Heirs and Assigns, to the only proper Use and- 
*' Behoof of the said William Penn, his Heirs and Assigns, for ever. 
*' In Witness whereof we have, for ourselves & Nation, hereunto- 
*' sett our Hands & Seals, the thirteenth day of September 1700. 

his 
" Widaagh ><j als Orytyagh, [l. s.J 

mark 

his 
" Andaggy X junkquagh, [l. s.lj 

mark 
" Sealed and Delivered 
" In presence of 

" Evvd. Antill, David Powell, 

" Hen. Tregeny, James Logan."" 

" Edward Singleton, 

" ARTICLES of Agreement Indented, Made, Concluded & 
*''^ Agreed upon at Philadelphia, the twenty third day of the second' 
" Mnnth called Aprill, in the year One thousand seven hundred and 
** one, between WILL'AM PENN. Proprietary and Governor ol 
** the Province of Pennsylvania and Territories thereunto belonging, 
t' on the one Part, AND CONNOODAGHTOH, King of the In- 
•' dians inhabiting upon and about the River Susquehannah in the 
" siiid Province, And WIDAAGH, (alias Orytvagh,) KOQUEASH 
"find ANDAGGY-rUNKQUAGH, Chiefs of the said Nations of 
^ Indians, And WOPATHTHA King. & LENROYTUNGH, & 
" PKNROYAJOOAGH, Chiefs of the Nations of the Shawonnah 
** Indians, And AHOOKASSOONGH» Brother to the Emperor,, for 



PROVINCIAL COUNCIL 652 

•' & in Behalf of the Emperor {&, Wecwhinjough, Cheequittogh 
" Takyewsan & Woapatkon, ('hiefs,) of tlie Nations of the Indians 
" inhabiting in & about the Northern part of the Hiver Potomock, 
" in the said Province, for and in Behalf of themselves and Succes- 
" sors, and their several Nations and People, on the other part, as 
" followeth : 

" THAT as hitherto there hath always been a Good Understand- 
" ing & Neighbourhood between the said William Penn and his 
" Lieutenant since his first Arrival in the said Province, and 
" the several Nations of Indians inhabiting in Ai about the same, so 
*' there shall be for ever hereafter, a firm & lasting Peace continued 
" between the said William Penn, his Heirs and Successors. & all 
*' the English & other Christian Inhabitants of the said Province, & 
" the said King's & Chiefs & their Successors, & all the several 
•• People of the Nations of Indians aforesaid, and that they shall 
*' for ever hereafter be as one head iV one heart, & live in true 
" Friendship and Amity as one People. ITKM, that the said Kings 
" & Chiefs (each for himself «fe, his People Engaging.) shall at no time 
'' hurt, Injure or Defraud, or suffer to be hurt, Injured or Defrauded, 
" by any of their Indians, any Inhabitant or Inhabitants of the said 
" Province, either in their Persons or Estates. And that the said 
" William Penn, his heirs and successors, shall not suffer to be Done 
" or Committed by any of the Subjects of Kngland within the said 
" Province, any Act of Hostility or Violence, Wrong or Injury to or 
" against any of the said Indians, but shall on both sides at all times 
" readily do Justice & perform all Acts & Offices of Friendship & 
" Good Will, to oblige Each other to a lasting Peace as aforesaid. 
" ITEM, that all &, every the said Kings & Chiefs, &, all & every 
" particular of the Nations under them, shall at all times behave 
♦* themselves Regularly and Soberly, according to the Laws of this 
" Government, while they live near or amongst the f;hristian Inhab- 
" itants thereof. And that the said Indians shall have the full ^ 
" free privileges & Immunities of all the said Laws as any other In- 
*' habitants, they duly Owning <k Acknowledgg. the Authority of the 
" Crnwn of England and Government of this Province. ITEM, 
" that none of the said Indians shall at any time be Aiding, Assist- 
*' ing or Abetting to any other Nation, whether of Indians or Others, 
" that shall not at such time be in Amity with the said Crown of 
'* England & of this Government. ITEM, that if at any time any 
" of the Indians, by means of Evil minded Persons & Sowers of 
" Sedition should hear any unkind or Disadvantageous Reports of 
" the English, as if they had Evil Designs agst. any of the said In- 
'* dians. in such case such Indians shall send notice thereof to the 
♦* said William Penn, his heirs or successors, or their Lieutenants, and 
" shall not give Credence to the said Reports, till by that means they 
*' shall be fully satisfied concerning the Truth thereof, and that the 



653 MINUTES OF THE 

*' said William Penn, his heirs & successors or their Lieutenants, 
" shall at all times in suchcases do the Like by them. ITEM, that the 
•' said Kings &, Chiefs & their successors, & People, shall not suffer 
" any strange Nation of Indians to settle or plant on the further side of 
*' Susquehannah, or about Polomock River, but such as arc there 
♦' already seated, nor bring any other Indians int(» any part of this 
" Province, without the special Approbation & Permission of the said 
" William Penn, his heirs & successors. 

" ITEM, That for the prevention of Abuses that are too frequently 
" put upon the said Indians in trade; that the said William Penn, 
" his heirs & Successors, shall not suffer or permit any Person to 
" trade or commerce with any of the said Indians, but such as shall 
" be first allowed or approved of by an Instrument under the hand 
" & seal of him, the said William Penn, or his heirs or Successors or 
*' their Lieutenants, and that the said Indians shall sufferno Person 
" whatsoever to buy or sell or have commerce with any of them the 
*' said Indians, but such as shall first be approved as aforesaid. 

" ITEM, that the said Indians shall not ^ell or Dispose of any of 
*' their Skins, Peltry or Furs, or any other Eff* cts of their hunting, 
•' to any Person or Persons whatsoever out of the said Province, 
♦* nor to any other Person but such as shall be authorized to trade 
" -with them as aforesaid, and that for their Enc('uragement the said 
♦* William Penn, his heirs 4" Successors, shall take care to have 
*' them the said Indians, duly furnished with all sorts of necessary 
" goods for their use at Reasonable Rates. 

*' ITEM, that the Potomock Indians aforesaid, with their Colony, 
" shall have free leave of the said William Penn, to settle upon any 
" part of Potomock River within the Bounds of this Province, 
*' they strictly observing & practising all & singular the Articles 
" aforesaid, to them relating. 

" ITEM, the Indians of Conestogoe and upon and about the River 
•' Susqnehannah, and more especially the said Connoodaghtah 
" their King, doth fully agree to, and by these presents absolutely 
*» Rarifie the Bargain & Sale of Lands lying near & about the said 
"River formerly made to the said Willam Penn, his heirs &i Suc- 
" cessors, and since by Orytyagh & Andaggy-junkquagh, parties 
" to these presents confirmed to the said William Penn. his heirs & 
•' Sucessors, by a Deed bearirig date the thirteenth day of September 
•• last, under their hands & Seals, duly Executed ; and the said 
** Connoodaghtah doth for himself and his Nation, coven;»nt and 
" agree that he will at all times be ready further to confirm and make 
" good the said Snle according to the Tenour of the same, and that 
« the said Indians of Susquehannah shall answer to the said Willm. 
" Penn, his heirs & Successors, for the good Behaviour and Conduct 
*' of the said Potomock Indians, and for their performance of the 
*♦ several Articles herein expressed. 

" ITEM, the said William Penn doth hereby promise for himself, 



PROVINCIAL COUNCIL. 654 

" his heirs ^ Successors, that he and they will at all times show 
** themselves true Friends and Brothers, to all & every of the said 
" Indians, by assisting them with the best of their Advices, Direc- 
*' tions & Councils, and will in all things Just and Reasonable Be- 
" friend them, they behaving themselves as aforesaid, and submitting 
" to the Laws of this Province in all things as the English and oth- 
*' er Christians therein Doe, to which they the said Indians hereby 
*' agree and obliedge themselves and their Posterity forever. 

" IN WITNESSE whereof the said Parties have, as a Confirma- 
" tion, made mutual Presents to each other ; the Indians in five Par- 
*' cells of Skins, and the said William Penn in several English 
" Goods and Merchandizes, as a binding pledge of the premises, 
" never to be Broken or Violated, and as a further Testimony there- 
" of, have also to these presents Interchangeably sett their hands 
*' aud seals the Day and Year above written : 

" Connoodaghtah, [l. s.] " Wopaththa, [l. s.] 

" Andaggy-junkquagh [l. s.] " Ahookassoongh, [l. s."] 

[l. s.] 

[L. S.] 

[L. S.] 

[L. S.] 

[L. S.] 

" Signed, Sealed & Delivered In the presence of 
'• Edward Shippen, " John Sanders, 

" Nathan Stanbury, his 

" Alexander Paxton, ♦' Penroquenichchan, X 

♦' Caleb Pusey, mark 

" James Streater, his 

♦' J. Le Tort, " Passaquessay, ^ 

" Jut Hans Stellman, mark 

" James Logan, his 

" Indian Harry, alias Showydoohungh, Interpreter, [x! 

mark. 
" You see by these Deeds & Articles, that all the Indian Chiefs 
" of that time fully acknowledged that the River Sasquehannah 
*' and all the Lands on both sides of it, were our Father's. And 
« you also see that the great Treaty ot Friendship then made, was 
" not for three Generations only but forever, that is as long as the 
" Sun & Vloon shall endure, or W^ater to flow in the Rivers, which 
»' is the Language that has always been used on these Occasions. 
*' And as you now see this, and have one of the Writings in your 
«' own hands, you should always, in some Number of years, get 
♦' some honest English IVTan to read that Paper to you, that the Con- 
<' tents of it may be kept in Remembrance. 

<' These Articles you see were made principally with the Sasque- 
** hannah Indians, who then mostly lived at Conestogoe ; And the 



Penroyajooagh, 


[L. s.] 


" Takyewsan, 


Cheequittagh, 


[L. S.] 


" Koqueeash, 


Widaagh 




" Lernoytung, 


als. 




" Weewhinjough, 


Orytyagh, 


[L. S.] 


" Woapatkoa. 



655 MINUTES OF THE 

" Shawanese, as their iriends, came also, under our Father's Pro- 
'• tection, and entred into the same League. It were to be wished 
" that their whole Nation were made sensible of this, and those of 
" that Nation who were now here are desired very carefully to ac- 
" quaint the rest with what they have seen ^ heard here. 

" And now on these heads there remains no more, that we should 
" here most solemnly Ratify & Confirm all these Articles so far as 
" they relate to Friendship and Union, to be observed not only by us 
" but our Posterity to all Generations." 

The Indians were then told that to morrow or next day a Return 
would be made to their Present, in such Goods as they might most 
want. 

Civility, in the Name of all the Indians, expressed their Satisfac- 
tion with what had been spoke ^ read unto them. 
The Indians being withdrawn, 

And the Board entring upon the Consideration of the Present, an 
Estimate of the Value of the Skins delivered by the Indians was 
produced and is as follows : 

107 Fall Deer Skins, at 1-9 each 
21 Ordinary, at 1 

35 Indian drest, at 3-6 
4 Raccoons, at 1-6 

2 Bear Skins, at 4 

£17 4 9 

It being considered that the Charges of their Entertainment in 
town will rise high, the Value of Thirty pounds in Goods suitable 
for them is thought sufficient, & a List thereof being made, the Treas- 
urer is desired to provide them. 
E. 



£9 


7 


3 


1 


1 





6 


2 


6 





6 








8 






At a Council held at Philadia, August 4th, 1735. 

PRESENT : 

The Honble THOMAS PENN, Esqr. Proprietor. 
The Lieutenant Governor. 

Samuel Preston, Ralph Assheton, 

Clement Plumsted, Thomas Griffitts. 

The Indians being likewise come & seated. 

The Proprietor told them that having at the former meeting fully 
ratified &. confirmed all the Articles of Friendship between this Gov- 
ernment & the several Nations in whose Name & Behalf they were 



> Esquii 



PROVINCIAL COUNCIL. 658 

come hither, these following Goods are now given to bind our Words, 
to wit : 

Four fine Guns, Twenty pounds of Powder, 

Eight Strowds, Forly pounds of Lead, 

Eight Blankets, Thirty Knives and 

Eight Shirts, Fifty Flints. 

Four Hats, 
With some Rum, Pipes, Tobacco and Bread. 

Which the Indians received with great Thankfulness. 
The Governor then spoke to the Indians by the Interpreter as 
follows : 

" My Friends & Brethren : 

" Our Honble Proprietor having returned an Answer in behalf of 
" this Government, to what you delivered, «^ having ratified with 
'* you all those great Articles of Peace and Friendship so long since 
" concluded between you & us, I am now to speak to you of a mat- 
" ter of the greatest Importance to the Preservation of our mutual 
*' Friendship and good Understanding. 

" You are fully sensible from what has passed at this present time, 
" as well as from what has been the Subject of all our former Trea- 
" ties with the Indians, that the doing of exact Justice to each other, 
" is the foundation & Groundwork on which all the Articles of our 
*' Treaties are built, and which ever of us fails in this Point, contra- 
" diets by their Actions what in the strongest Words and Expressions 
** we have mutually agreed to perform. I need not say much to show 
« how exactly carefull we have been to give the Indians all reason- 
** able Satisfaction in every matter for which they could have any just 
<' Ground of Complaint, <^ you may all remember that when two of 
" our People had been so wicked as to kill two ofour Indians Friends, 
" we brought the guilty Persons to a Trial in the same manner as if 
" they had killed a white Man, and they both suffered Death for the 
" Crime they Committed. We have therefore the greatest Reason 
" to expect from the Indians, that in cases of the like Nature they 
" should be exactly carefull to deal by us as we do by them, and we 
" think ourselves ill treated if the least Delay or Hesitation is made 
" in doing us Justice, when any of our People have suffered by the 
*♦ Wickedness or Folly of yours. 

" Ullaloes, the Ganawese Chief, may remember that in the Sum- 
" mer 17S3, he came hither with Four others of that Nation, to Sat- 
" isfy us that there was no Truth in a Report that then was spread, 
«' of three of their young Men having killed two white People in 
«• Virginia, the Winter before. Ullaloes assured us he had seen the 
«• Scalps that those young Men had brought home ; that they were 



657 MINUTES OF THE 

" of Indians, & not of white Men, and that these Ganawese War- 
" riors entirely denied they had been guilty of any such Crime as 
" was laid to their Charge. But however they may have endeav- 
" oured to impose upon you, whom we believe to be honest good 
<' Men, yet it is but too true, that in the back parts of Virginia they 
«' cruelly Murdered a poor Mnn and his Wife, & scalped them both. 
" Thejlnformation of this affair has been so particularly given to 
" the Governor ot Virginia, and there are so many concurring Cir- 
" cumstances now discovered by the Accounts of several who saw 
" & c )nversed with those Indians on their Return homewards, that 
" we cannot but believe them guilty. And as that Governor has 
" demanded these guilty persons to be delivered up to him to be 
^" punished, I must require of you the Names of those Indians, & 
" that you will order them as soon as possible to be secured; & if 
I' you will undertaive to carry them to Virginia, & deliver them up 
I' to the Governor there, he hath assured me that he will receive you 
" as his friends, and give you an handsome Reward for your trou- 
" ble." •' 

The Governor hereupon delivering a large Belt of Wampum, 
told the Indians he expected from them a full and satisfatory An- 
swer. 

The Indians having for sometime consulted together, UUaloes, the 
Ganawese Chief, answered by the Interpreter : 

" Brethren : 

" It is true when I came here about this matter, 1 told you I had 
" seen the Scalps, and that they were of Indians and not of white 
" Men : when I returned home I was very careful in making a fur- 
«' ther Enquiry, but I could find out nothing that could make me 
" bolieve th')se were guilty whom you suspected. I thought this 
" whole affair had been long since at an End, and did nof expect 
" that after we had renewed together our Leagues of Peace <^ Friend- 
" ship it would again have been mentioned ; but whether those three 
" Indians of our Nation who returned that year from the South- 
« ward were guilty or not, they are not now alive, for, in a Fight 
" with the Flatheads, last Spring was a year, near Roanoake River 
" in North Carolina, they were all killed, as a young Man now here 
» named Enachscappi, who was in that fight, and saw them with 
" nine more fall before he fled, can fully testify." 

Ullaloes then desiring that the Governor would take back the Belt 
of Wampum was asked whether the Person called the Ganawese 
Collonel was not one of the three ; he answerd no, he was then at 
Patowmack hunting, and was not further to the Southward; that he 
IS alive ; would have been here at this time, but having burnt his Lee 
IS not able to travel. ^ 

The Governor receiving back the Belt of Wampum, told the 



PROVINCIAL COUNCIL. 658 

Indians that what he had now said proceeded from another Letter 
which he had lately received from the Governor of Virginia, but as 
the accused Persoris whether guilty or not are dead, it is to no pur- 
pose to mention any thing further of them. That he must caution 
all those now here from suffering any of their People to goe into 
those parts for the future, without some sufficient Credential from 
this Government, to show that they are come as Friends, for other- 
wise they may expect to be treated as Enemies, the Governor and 
People of Virginia being greatly provoked at the inhuman Barbarity 
of the late Murther, which must undoubtedly have been committed 
by none but Indians. 

The Indians promising to take all proper Care herein, and adding 
that they intended to sett out to morrow on their Return home, were 
invited to drink a friendly Glass, after which they took Leave of the 
Proprietor, Governor and Council. 

The Board then taking into Consideration the Services of Conrad 
Weyser the Interpreter, on the present Treaty and on the two late 
Messages from the Six Nations, are of Opinion that the sum of Twelve 
pounds be paid him for his Trouble. 

And that the Account exhibited by him of £6, 12, 8, expended 
for Provisions lodged at Shamokin for the Entertainment of the In- 
dians of the Six Nations, who were expected there this Summer, be 
likewise allowed. 

And the Provincial Treasurer is desired to pay the same accord- 
ingly. 
K. 



At the Courthouse of Philadia, August 26th, 1735. 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governor. 
With some of the Magistrates. 

Eighteen Switzers, who, with their Families, making in all forty 
five Persons, were imported here in the Billinder Oliver, Samuel 
Merchant, Master, from South Carolina, were this day Qualified as 
usual, and their Names are hereunto subjoined : 

Hans Bucher, Ulrich Meysler,' 

Lazarus Wanger, Jacob Stelly, 

Hans Roller, Christian Weber, 

Christian Brenholtze, Ulrich Willem, 

Hans Michel Pingly, Johannes Otter, 



659 MINUTES OF THE 

Christian Swalher, Jacob Wilhelm Haross, 

Hans Lyinburger, Pieter Henckels, 

Abraham Mauslin, Hans Lyinburger, junr. 

Johannes Marti, Hans Bucher, junr. 
E. 



} 



At a Council held at Philadia, September 10th, 1735. 

PRESENT : 

The Honble the Proprietaries.* 
Janies Logan, Thomas Griffitts, 

Samuel Preston, Ralph Assheton, ^Esquires. 

Clement Plumsied, Charles Read. 

Thomas Laurence, 

Hetaquantageclity & Shekallamy, with three other Indians, com- 
ing to Town yesterday, on a Message from the Six Nations, were 
now heard, & by Conrad Weyser Interpreter, Hetaquaniagechty said 
as follows : 

That the Six Nations had sent to him & Shekallamy two of those 
Indians, who are now present, towitt: Sayadiock & Cannughskaya, 
with an Excuse to be delivered to us, for their not coming this Fall 
to Philadelphia, as they had intended. That they had considered 
fully of all that had been treated of between this Government & 
them, & were determined to have brought a full Answer to it, but 
their Chiefs being obliged to meet the Governor of New York at 
Albany about this time, they could not for that Reason come hither. 
That they aie concerned lest we should think from so long a Delay 
that they may have neglected what passed between us, but that we 
may depend on it, that some of the principal Men of each Nation 
will visit us early in the Spring, & send Notice to us of their com- 
ing. 

And hereupon he presented some Strings of Wampum. 

He then proceeded to say, that at the great Treaty held here three 
years since, the Six Nations were desired to join with us in endeav- 
ouring to bring back the Shawanese from Allegheney, to whom, 
with our Words on that Occasion, we had desired that a Belt of 
Wampum then given might be presented. That according to our 
Desire some Chief men of the Six Nations had gone to Allegheney, 
^ carried that Belt with five others from these Nations ; that they had 
delivered them to the Shawanese there, & had been very pressing with 
them to return towards Sasquehannah, assuring them that the Six 
Nations would take them under their Wings Sf protect them, but that 
the Shawanese had entirely refused to leave that place, which they 



'The Governor was indisposed. 



PROVINCIAL COUNCIL. 660 

said was more commodious for them, that nevertheless they accepted 
of all the Belts, & in return of them had given others. 

Tl)ii presenting the Belt in return to that from this Government, 
he said the Shawanese gave it w'th Expressions of their being in 
perfect Friendship with us, and desiring to remain so. 

He added hereupon that one Tribe of those Shawanese had never 
behaved themselves as ihey ought; they seemed not to have good 
Designs ; the Six Nations were not satisfied with them. 

That he must now acquaint us with a melancholy piece of ne>vs 
■occasioned by these Shawanese. That a great Man of the Tsanan- 
dowas named Sagohandechty, whu lived on Allegheney, went with 
the other Chiefs of the Six Nations, to prevail with the Shawanese 
to return ; that he was the Speaker, i^* pressed them so closely that 
they ti>ok a great Dislike to him, and some Months after the other 
Chiefs were returned, they seized on him t^ murdered him cruelly.' 
That the Six Nations greatly resented this Barbarity, and think it 
ought not to pass unrevenged, but they would willingly have our 
Advice on the Oc:asion ; and whether, as that tribe of the Shawa- 
nese has fled to the Southward, it might not be proper to write to 
the Governor of Virginia, who is a warlike man, to acquaint him 
with what they have already dune, and what Mischief they may 
still doe if they are not cut off. 

Hetaquantagechty then delivered a Letter addressed to the Gover- 
nor of Pennsylva., from one Ab. Wendail, dated from the Tsanan- 
dowas' Country, &; wrote in low Dutch, giving an Accot. of what 
had happened to Sagohandechty, as related above, which some Chiefs 
of that Nation had desired might be wrote, & sent by the two Mes- 
sengers, lest they should want an Interpreter when they came thith- 
er. 

It was then asked them how many of the Chiefs of the Six Na- 
tions went amongst the Shawanese, ^ of what Nations they were, 
^ their Names. 

To which they answered that Toghaghski, of the Onandagoes, 
Anmuhuana, of the Cayonges, Sonytowana & Achscutax, of the 
Tsanandowas, with the other Indian Chief that was killed, were the 
Persons. 

They added that the Tribe of Shawanese complained of is called 
Shaweygira, & consists of abi ut thirty young Men, ten old Men, 
& SI veral VVomen ^ Children ; that it is supposed they are now 
returned to the place from whence they first came, which is below 
Carolina. 

Being asked if they had any thing further to say, they answered 
they had finished what they had to deliver. 

49 



661 MINUTES OF THE 

The Indians being withdrawn, 

The Board on considering this Message, are of Opinion that since 
the Chiefs of the Six Nations had thought fitt to have it committed 
to writing, a written Answer should be in hke manner returned, the 
Substance whereof might be interpreted to these Messengers, & Mr. 
Logan was desiied to prepare the same. 
E. 



I 



At a Council held at Philadia, September 12th, 1735. 

PRESENT : 

The Honble the Proprietaries.* 

James Logan, Ralph Assheton, 

Samuel Preston, Samuel Hasell, i Esquires. 

Clement Plumsted, Thomas Griffitts. J 
Thomas Laurence. 

The preceeding Minute being read, a Draught of a Letter to the 
Chiefs of the Six Nations, in Answer to that wrote by Mr. Wen- 
dall, was laid before the Board, & being read was approved, & is in 
these Words : 

" Our very good friends ^ Brethren, 

" We have received by your Messengers, Sayadioch & Cannugh- 

" skaya, the Letter wrote by your order by Abraham Wendall, with 

" astring of Wampum, acquainting us, that according to our Request 

" some of your People had gone to the Indians settled on Ohio, & 

" endeavoured to perswade them to come & live nearer to you & us, 

" but they would not hearken ; your Messengers further say you had 

" delivered the Belt we sent to the Shawanese, which they had re- 

" ceived, &, had sent another for us which we have also received; ^ 

" that they declared tho' they could not return back they would live 

" in Peace. When our good Brother Tyoninhogaroe was with us, 

" we gave him very good reasons why those People should return 

*' both for their own advantage, & for yours, & ours. We are very 

*' much grieved for the Loss of that great Man, our good Friend, 

" whom those barbarous People murthered. Those that did that 

" wicked Act we hear were strangers, that came about four years 

•' since from the Westward or Southward to Ohio, but we know not 

" from whence, nor to what parts they are gone, but we shall enquire, 

'* & if we can learn we shall inform you when we see you; for as 

<* three Summers are now past since we hoped to see some of our 



•The Governor continues indisposed. 



PROVINCIAL COUNCIL. 662 

*' good friends of the Chiefs of the Six Nations here, we shall not 
■" now doubt but according to your Letter we shall see some Chiefs 
*' of each Nation next Spring, & then we may discourse further of 
*' all these matters. In the mean tim^, as we mourn with you for 
•" the Loss of that good Man, We send you by these Messengers, 
•" six Handkerchiefs to wipe and drv away tears, and as you have 
*' endeavoured to preserve Peace <^' Friendship amongst all the Na- 
*' tions & People about you, we hope the same will continue both 
*' Northward & Southward. We also send two Strowds to confirm 
" this Letter, which is put both into English & Dutch, that you may 
" the more easily get it read ^ Interpreted ; we have also acquainted 
*' your Messengers with the Substance of it, that they may relate it 
" to you. 

" We are your very loving Friends &, Brothers, 

" JOHN PENN, 
" THOMAS PENN." 
Addressed thus : 

" To our very good Friends & Brothers, 

" the Chiefs of the Six Nations." 

After which the Board proceeded to consider of what might be 
proper to be given to these Messengers & those that had accompa- 
nied them hither. And it is Ordered that two Strowds, two Shirts, 
twelve pounds of powder & twenty four pounds of Lead, be given to 
the two Messengers ; two Strowds, two Blankets, Six pounds of 
powder & twelve pounds of Lead to Hetaquantagechty & Shekalla- 
my. That thirty shillings be put into Conrad Weyser's hands to 
defray their Charges on their Return, and that the Expence of their 
Entertainment in town be likewise paid. All which is recommended 
to the Provincial Treasurer to discharge. 

It was likewise ordered that forty Shillings be given Conrad Wey- 
ser, for his Expence 4- Trouble in coming with them & serving as 
Interpreter. 

The Indians being called in, the foregoing Letter was Interpreted 
to them, with which they expressed their Satisfaction; they were told 
what was agreed to be given them, for which they returned thanks; 
&. having been Entertained by the Honourable the Proprietaries, they 
took leave. 

The Letters being prepared & the Present got ready, both were 
delivered in the afternoon to the Indians, who next Morning sett out 
on their Return. 
E. 



6m MINUTES OF THE 

September ?Olh. 

The House of Representatives having mett on the 15th ins'asit, 
pursuant to their Adjournment, notified the same to the Governor. 

And having understood that the Honble John Penn, Esquire, was- 
speedily toembarque for England, the whole House with their Speak- 
er, waited on him with the lullowing Address. 

" To the Honourable John Penn, Esqr., one of the Proprietaries 
" of the Province of Pennsylvaniu. 

" The Humble Address of the Representatives of the Freemen of 
" tlie said Province, in General Assembly met. 
" May it please the Proprietor: 

" That just Esteem and grateful Sense which the People of this- 
" Province have always retained for the Memory of thy Honourable 
" Father, our fate Proprietor and Governor, raised in them the 
" strongest Desires to see some o( the Descendants of that great 
" Man among us. 

" As his wise Example gave us just Reason to hope, so it was our 
" daily Wishes that his Virtues as well as his Estate might descend 
" to his [Posterity. And it is with Pleat-ure we can now say,, it was 
*' not in vain we promised ourselves from Tliee, that Affection and 
♦'• Regard which is natural for a good Man to have for the People of 
" his Nativity. 

" That Humility, Justice and Benevolence which has appeared' in 
" thy Conduct since thy Arrival here, has very deservedly gained 
" Thee the Esteem and Affection of the People, And. we do with 
" Tiuth say thy leaving us at this Time, gives an universal Concern 
" to the Inhabitants of this Province. 

" May thy Voyage be prosperous, and thy Success equal to the 
" Justice of thy Cause, and may we soon have the Happiness of 
" seeing Thee return a Blessing to thy native Country. And give 
" us leave to hope that thou wilt upon eveiy Occasion join thy fa- 
*' vourable Sentiments towards the People of this Place, with those 
*' of thy Honourable Brother, who by his Stay here will have fre- 
•' quent Opportunities of doing what wiPl always endear your Hon- 
" ourable Family to the Freemen of Pennsylvania. 

" Signed by order of the House. 

" A. HAMILTON, Speaker." 
To which Mr. Penn returned the followiug Answer: 
" Gentlemen : 

" I am very sensible o*' the Concern you express for me, and am 
" ol)lig^'d to you ft r this kind Address. 1 am glad of this opportu- 
•' nity of seeing the Representatives of the Freemen of Pennsylvania; 
" at my Departure, and you may be assured I shall make it my 



PROVINCIAL COUNCIL. &64 

" particular Care to do every Thing in my Power that may advance 
"* the Interest of this my native Country." 

The same day the Ht>use sent up to the (.jovernor an Order on the 
Trustees of the Loan Office, for Four hundred Pounds, in full of the 
Support for thi! current year, & acquainted him that they irUended to 
rise in the afternonn, if Me had nothing to lay helore them. 

The Governor lliankod the House, 4' answered he had not any 
ithing of moment to lay before them. 
E. 



At a Council held at Philadia, September 27th, 1735. 
pkksknt: 
The Honble PATRICK GORDON, Esqr., Lieut. Governor. 

James Logan, Ralph Assheton, ^ 

Samuel Preston, Samuel Hisell, I p 

Clement Plumsled, Thomas GrifTitts, r M - • 

Thomas Laurence, Charles Head. J 

The Governor acq^uainled the Board that he had called them to- 
gether to lav before them an Account he had yesterday received, of 
a most outrageous Riot committed by --undry People living on the 
west side of Sasquchannah River, who had sett upon Robert Bu- 
chanan. Esquire, the High Sherif of Lanca-ster County & his As- 
sistants, who had gone over that River to execute His Majesty's 
Writts on some Debtor.-: living there, & far within the iuiquestionabl« 
Boundaries of this Province, which being at more large sett forth in a 
Deposition of John Powell, undersherif of the said County, made 
before the Justices of the Supreme Court of tliis Piovince in open 
Court, where Daniel Dulany, Es<:|r , Attorney General of iMaryland 
was present, the said Deposition was read & is in these Words : 

" JOHN POWELL, Undersherif of the County of Lancas'er, in 
'♦ the Province of Pennsylvania, b«ing solemnly Sworn on the Holy 
*' Evano-elists niaketh oath, that on Tuesday morning, the twenty 
■" tliird of this Instant, September, he accompanied Robert Buchanan, 
" Esqr., High Sherif of the said County, and four others, to witt : 
" Arthur Buchanan, M-atlhew George, John Mitchel, and Alexander 
" Mitchel. who the Day before went over Sasquchannah liiver. in 
" a peaceable manner, & without any Arms whatsoever, to execute 
" His Majesty's Writts on some Debtors living on the West side of 
*' that River, Inhabitants of the said County; that the said Shei-if 
" having served a Wrirt on one Andrew M'Gill, who not being able 
" to Give Bail to the Action, was sent under CAistody of the two 
" Mitchels to Lancaster Goal, he, the said Sherif, with the 



&65 MINUTES OF THE 

" others, went the day following ta serve another Writt at the 
" Suit of Wilham Branson, of the City of Philadelphia, Merchant^ 
" on one Jacob Lochman, Hlacksmilh, living about seven Miles west- 
" erly from the house of John Hendricks, ^ about twenty three 
' Miles to the Northward of the Octarairoe Line, which this De- 
" ponent is informed was run by the Grandfather of the present 
'• Lord Baltimore, as the Norlhern Boundary of Maryland. That 
" having served the said Writt on Lochman, who being likewise 
" unable to give Bail to the Action, they were bringing him to Lan- 
" caster Goal, when within about two or three Miles West of John 
" Hendrick's house, one Mark Kvans, planter, met them and asked the 
" Sherif where he was carrying Lochman ; the Sherif said he was- 
" carrying him to Goal unless he would give Bail ; to this Evans 
" replied that he believed Bail could be found, which he had no sooner 
" said, than about twenty or thiity Men on Horseback, armed with 
'• Cutlasses <^ Clubs, appeared at a little distance ad^^ancing towards 
" them, &; coming up fell upon the Sherif & his Assistants, in a 
" most furious &. violent manner, i^' having beat & grievously wound- 
•' ed them, (f rescued Lochman, the said Sherif and his Company 
" were forced to betake themselves to Flight; but the Sherif 's Horse 
" failing him he fell again into their hands ; upon which he, this 
" Depoiit., with Arthur Bucha))an & Matthew George, stopped at 
'* some small Distance, & saw tour Men at once beating the said* 
" Sherif with heavy Clubs, who with his hands lifted up was en- 
" deavouring to save his head ; that being overpowered by Numbers- 
" & violently |)ulled off his Horse, he was so cruelly used that Ar- 
'' thur Buchanan with this Deponent, were resolved to go back & 
" suffer with him ; but as they drew near th^ Sherif called out to his 
" Brother, the said Arthur, not to hazard more Lives, his own he 
" hoped would be sufficient for them. And that hereupon some of 
" those Rioters pursued him, this D?poncnt, (Sz. with a very heavy 
*' Cudgell struck him so severe a Blow across his Back, that he has 
" ever since been under very great pain. And that the said Artliur 
" Buchanan & Matthew George were so extreamly beat & bruised' 
" likewise, that it was not without the utmost Difficulty that they 
" were able to escape. And this Deponent further says, that when' 
" he left Sasquehanah there were no accounts of the High Sherif, 
" nor was it known whether he was dead or alive, but this Deponentr 
" verily believes the said Sherif is mortally wounded, or at least' 
" that he must be in a very languishing Condition, having received' 
" many VVounds & Blows. That most of the Persons who thus 
"-attacked the said Sherif & his Assistants are unknown to the De- 
" ponent, except these seven following, to witt : Mark Evans, above 
" named, Michael Rysner, Francis Clapsaddle, Christian Croll, Bern- 
" ard Weyman, Nicholas Kens & Martin Schutz, who all live on' 



PROVINCIAL COUNCIL. 666 

" the West side of Sasquehannah River, not above one Mile to the 
" Southward o( the house of John Hendricks. 

" JO'N. POWELL." 
The Deponent aforesaid being asked under what Government these 
People owned themselves, 

" Answered that he knows they call themselves Marylanders, be- 
" cause when he was some time agoeover Susquehannah, he had ta- 
*' ken a prisoner, one Francis Clapsaddle, by virtue of a Writt for 
" Debt from Lancaster County, that one of the Persons that rescued 
" the Prisoner in the Deposition aforesaid Mentioned, was one of the 
" same persons who rescued the said Francis Clapsaddle, and the 
" same time presented a Gun at the Deponent, and told him that 
" they belonged to Maryland, and would not suffer any Officer of 
" Pennsylvania to come over the River ; and that in particular the 
" Man who presented the Gun at the Deponent when Clapsaddle 
" was rescued, calling himself a Marylander, and was one of the 
" Persons who assaulted the Sherif and this Deponent, in the man- 
" ner set forth in the aforesaid Deposition. 

" The foregoing Deposition, and Interrogatory and Answerthere- 
" unto, were taken in the Supreme Court of Pennsylvania, held at 
" Philadelphia the 24th day of 7br, 1735, Daniel Dulany, Esqr., 
*» Attorney General of the Province of Maryland, being present, 
" who being desired to cross examine the Deponent, (if he thought fit,) 
*' declined the same. 

"JOS'A. LAURENCE, pton." 

The Governor hereupon desired (he Advice of the Board, in what 
manner it might be most proper to proceed in the present Case, 
against the Rioters, most of whom tho' pretending to be Inhabitants 
of Maryland, are notwithstanding actually settled on Lands lying far 
within the unquestionable Bounds of this Province. 

The Board Expressed their just Resentment on so heinous a Prov- 
ocation. & observing that this Procedure is of the same Nature with 
manv others that of late have been countenanced & encouraged by 
the Government of Maryland, who seem inclined, notwithstanding 
all the strong Instances that have been made for preserving His 
Majesty's Peace, to continue in their Violences, are ofOpinion that if 
the Sherif of Lancaster is detained by any Officer of Maryland, 
within the Limits of that Province, a Demand should be forthwith 
made, by Letter to the Governor of Maryland, for setting him at 
Libertv, Sf that Precepts be issued by the Justices of the Supreme 
Court, before whom the Examinations in this affair have been taken, 
for apprehending such of the Rioters whose Names are known, or 
can with certainty be discovered, & in case they cannot be appre- 
hended by Virtue of such Warrants, that a Proclamation be issued 



667 MINUTES OF THE 

by the Governor promising a Reward of Twenty Pounds, to he paid 
out. o( the PuLlick Treasury of this Province, for apprehending every 
Person concerned in the said Uiot, so as that he be convicted thereof 
in any Court of this Province. 
E. 



At a Council held at Philadia, October 3d, 1735. 
PRESKN r : 
The Honble PATRICK GORDON, Esqr., Lieut. Governor. 

James Logan, Thomas Griffitts, ) r? 

Til T /-.I I Ti 1 /• Esqusres. 

Ihomas Laurence, Cliarles Read. ^ 

The Returns of the Elections of Sherifs and Coroners for the 
City and County of Philadelphia, <^^ ('ounties of Bucks and Chester; 
this ensuing year, being laid before the Board, the following Persons 
were nominated to those Offices, to witt : 

For the City & (bounty of Philadelphia. Joseph Brientnal nn^ 
John Roberts being returned for Sherifs, and Owen Owen & Davi^^ 
Evans for Coroners, Joseph Brientnal is appointed Sherif and Owen 
Owen (Joroner. 

For the County of Bucks. Timothv Smith & John Hart being 
returned for Sherifs, and William Atkinson & Jonathan Woolston 
for Coroners, Timothy Smith is appointed Sherif and William Atkin- 
son Coroner. 

For the County of Chester. John Owen & Benjamin Davis 
being returned for Shcrils, and John Wharton & Honry Lewis 
for Coroners, John Owen is appointed Sherif and John Wharton Cor- 
oner. 

And Commissions are ordered to be issued accordingly, the Sherifs 
giving Security as the Law directs. 

The Return from the County of Newcastle being brought to the 
Governor, whereby Henry Newton & John (Tooding are returned for 
Sherifs, and Henry Gonnc &; James HarTiilton for Coroners, His 
Honour thought proper to appoint John Gooding to be Sherif and 
Henry Gonne to be Coroner. 

The same day in the afternoon, out of Council. 
The Return from the County of Lancaster being made, and Sam- 
uel Smith & James Mitchell being returned f»)r Sherifs. and James 
Armstrong & \N illiam Caldwell lor Coroners, Samuel Smith is ap- 
pointed Sherif aiid James Armstroug Coroner. 
E. 



PROVINCIAL COUNCIL. 666 

October 5th. 

The returns for the Elections in the Counties of Kent & Sussex 
being received, the following Persons were by the Governor nomina- 
ted to the Offices of Sherif &, Coroner there: 

For the County of Kent. Daniel Rodeney & Casar Rodeney 
being returned for Sherifs, and JN'icholas Lockerman & Samuel Berry 
for Coroners, Daniel Rodeney is appointed Sherif and Nicholas 
Lockeiman Coroner. 

For the County of Sussex. Cornelius Wiltbank & John Shank- 
land being returned (or Sherifs, and Daniel Nunez & William Selt- 
huge for Coroners, John Shankland is appointed Sherif and Daniel 
Nunez Coroner. 
E. 



At a Council held at Philadia, October 15th, 1735, 

PRESENT : 

The Honble PATRICK GORDON, Esqr., Lieut. Governor. 

Samuel Preston, Thomas Griffitts. ? p • 

Ralph Assheton, ^ ^ 

The Representatives of the Freemen of this Province elected the 
first Instant, having met yesterday pursuant to the Charier & Law, 
& having proceeded to the Choice of a Speaker, notified the same to 
the Governor, who appointed to receive them this forenoon at his 
house. 

And the said Representatives accordingly attending, Andrew Ham- 
ilton, Esqr., addressing himself to the Governor, said that they hav- 
ing done him the Honour to nominate him to be Speaker, he was now 
before His Honour for his Approbation. The Governor answered 
that he made no objection to the choice of the House. After which 
the Speaker made the usual requests for the full Enjoymtnt of <t, 
Protection in their just Rights Si Priviledges, &the Governor having 
assured them of the same, they withdrew. 

E. 



January 13th. 

The House of Representatives having met juirsuant to ♦licir Ad- 
journment from the l,"lh of October last, & having notifed the same 
to the Governor, the following Message was this day sent down to 
the House : 



669 MINUTES OF THE 

" Gentlemen : 

" Tho' by the Blessing of God I am at present much recovered 
" from the severe Indisposition which, ever since my receiving your 
" House with your Speaker in October last, has lain heavy upon me, 
" yet my precarious State of Health will not at this Season of the 
" year permit me without emminent Danger of a Relapse, to leave 
" my Bed Chamber; for this Reason I must deny myself the Plea- 
" sure of seeing you together this Day, and of speaking to you be- 
" tore your entering on the Business of the Country at this Session, 
" pursuant to your Adjournment ; Leavings therefore, such matters 
" as may at this time be expedient for the Public Service to arise 
" from yourselves, I shall only assure you of my readiness to give 
" all due Dispatch, as far as my Health and Strength will allow, to 
" whatever shall be laid before me lor my Concurrence, that can ad- 
" vance the true Interest and real Happiness of Pennsylvania. 

" P. GORDON." 

To which the House next day returned the following Mes- 
sage: 

" May it please the Governor, 

" It is with Pleasure we receive the Governor's Message by which 
" we are informed he is much recovered from a long and severe Fit 
" of Sickness ; yet as that recovery is not perfect, the Danger which 
" may accrue by his exposing himself at so severe a season of the 
" year, will not permit us to press an Opportunity Personally to con- 
" gratulate him upon this Occasion. 

" We heartily thank the Governor for the fresh Assurances he is 
" pleased to give us, of his readiness to concur with this House in 
" every thing that may tend to advance the true Interest and Hap- 
" piness of this Province; And as it is our Duty, it shall be our Care, 
" to contribute what lies in our Power towards so good Purposes. 
'- Signed by order of the House. 

" A. HAMILTON, Speaker." 
On receiving which the Governor said : 

" That he thanked the House for the Regaid they expressed for 
" his Welfare, and they might be assured his Professions of Readi- 
" ness to concur with them in the real Service of this Province, 
" should always be nnade good by his Actions." 
E. 



PROVINCIAL COUNCIL. 670 

At a Council held at Fhiladia, January 23d, 1735-6. 

PKESENT : 

TheHonble PATRICK GORDON, Esqr., Lieut. Governor. 

James Logan, Samuel Hasell, "| 

Samuel Preston, Thomas Griflitts, I Esquires. 

Clement Plumsted, Charles Read. | 
Ralph Assheton, 

The Minutes of several preceeding Councils being read & ap- 
proved : 

A Resolution of the House of Representatives now sitting, having 
been last night brought up to the Governor by several Members, His 
Honour laid the same this Day before the Board, whose Advice he 
desired on the Occasion. And the said Resolution being read is in 
these Words : 

Jovis die, January 22d, P. M. 

" Resolved upon the Question : 

" That Whereas, sundry Petitions from a considerable Numberof 
" the Inhabitants of the respective Counties of Philadelphia, Bucks 
" and Chester, have been presented to this House, and read, com- 
" plaining that the holding a Court of Chancery, as it is now used 
'' in this Province, is contrary to our Charter of Priviledges, and 
" may be attended with divers Inconveniences ; that therefore a 
" Message be sent to the Governor, requesting him that he will be 
" pleased to inform this House how the said Court of Chancery is 
" constituted. 

" Signed bj order of the House. 

" A. HAMILTON." 

Whereupon the several Minutes of Council relating to the Court 
of Chancery were directed to be read, &, accordingly the Minute of 
the 2d of Febry. 1726-7, soon after the present Governor's Acces- 
sion to the Government, & the Minutes of the 8th of June, 6th & 
9th of August, 1720, being read, It is Ordered that Transcripts 
thereof be made & sent down to the House. 

A Return of the Road laid out from Mncousie to the Road leading 
from New Quessohcpen thro' North Wales to Philadelphia, pursuant 
to an Order of this Board, bearing date the 27th day of March last, 
being this day read in these Words ; 

" To the Honble the Governor and Council. 

« IN PURSUANCE of an Order from the Honble Board of the 
" 27th March, 1735, having viewed the Road leading from Maquen- 
" usie to the Road leatlingfmm New Cosshehoppa, thro'Norih Wales 
" to Philudia, We do find there is great Occasion for the said Road, 



671 MINUTES OF THE 

" and accordingly havp caused the same to be laid out. Thf' Cour- 
" ses and Disttmces whereof are as followeth, vizt : Beginning at 
" a marked black Oak Tree, at a Corner of the Lands of i'eter 
" Tra\ er and Henry Sheat, in Maqiienusie aforesud, Thence ex- 
" tendint; Sou'h Sixty seven Degrees, East fi'lv six perches, to a 
" Po.-t, Thence along ihe I^ine dividing Peter Traxlerand Jeremiah 
" Traxier's Lands, South twenty seven Degiees, East one hundred 
" perches, to a marked Hickery, Thence by vacant Land crossing 
" a Branch of Lehy Creek, South seventy one Degrees, East eight 
" hundred and fifty four pches, toa mark'-d Hickery and VVhite Oak 
*' Standing together on a barren Hill; Thence South sixty two 
" Dcgs ^^0 Mints. East Crossing another Branch of Lehy, Four 
" hundred and eighty four pches to a marked black Oak ; Thence 
" South fifty three Degrees, East crossing another Branch of the 
*' same Creek, two hundred & forty pches to a marked black Oak ; 
" Thence South fifty six Degrees SO Mints, East crossintr another 
" Branch of the same Creek, Eighty pches to marked VVhite Oak; 
" Thence South sixty one Degrees 30 Mints, East eighty six pches 
" toa Post; Thence South fourteen Degs, East one hundred and 
*' fortv two pches to a marked Hickery ; 'i'hence along the Land of 
" Derick Jansen, South twenty nine Degs, East Sixty two pches to 
" a Post, South one Deg. West twenty six pches to a marked ('hes- 
" nut. South nineteen Degs, East eighty six pches, to a marked 
*' black Oak ; Thence along the Land of Christian Oavvl S,- vacant 
" Land, South twenty eight De^s, Kast one hundred & eighty pches 
" to a marked ('hesnut, South East eighty four pchps. to a Post, 
*' South eighty nine Degs, East forty four pches to a Post, South 
" sixtv nine Degs. East a'onsr Viicant Land and John Myer's Land, 
'• & crossinii a Branch of Perkiomv Creek two hundred &, one pches 
" to a Post, Thence South thirty six Degrees, East forty eight Per- 
" ches, to a small Hickery marked, South two Degs, East Seventy 
" four pches to a Post, South eighteen Degs, East fifty four Perches 
*' to a marked Hickery, South three Degs, East forty perches (part 
" along Dewaldt Maighling's Land,) Thence along the same Land 
" South one Deg. East ninety seven pches, to a marked black Oak, 
" Thence South twenty nine Degs, West sixty six pches to a marked 
•' Chesnut, Thence South three Degs, East twenty six pches to a 
" marked Hickery, Thence South twenty one Degs, East forty pches, 
" part along Henry (teber's Land, South fifteen Degs, West thirty 
•' two pches to a marked Hickery, South forty nne Degs. East 
" twenty pches, to a marked Hickery, South nine Degs. F.ast thirty 
*' eiiiht pches. to a marked white Oak, South nine Degs, West twelve 
'' pches to a Post, South thirty eight Degs, (crossing another Branch 
" of Perkeomy ''reek,) sixty 'bur pches to a Post, South four Degs, 
" West along vacant Land fifty four Perches to a Post, South thirty 
*' eight Degrees, East twenty pches to a Post, South fifty nine Degs, 



PROVINCIAL COUNCIL. 672 

" East one hundred & two pches to a Post, South five Degs, West 
" o .e liKiiLircd & two pches to a inarked Chesnut, South twenty five 
" Df'gs, East twenty |)ches to a Post, South torty, East lU'ly two 
'• pciuis to a marked Red Oak, Thence along Peter VValber's Land, 
" feoulh nine De'jrs, West forty perches to a marked Red Oak, 
" Souih twenty three I)e«is. West thirty six pches to a marked Hick- 
" ery in the Line dividing between sd VValber and Uirich Ri(!S, 
" 'J'lience along the same Line South crossm^^ two small swamps 
*' eiglity pches to a Post, Thence along sd VValber's Land South 
" fourteen Degs, East sixty pches to a Post in a Line leading near sd 
" VValber's house; Thence along the same Lane South liCieen De'^s, 
•' Eii-t ( rossing asmall Branch sixty pches lo a marked White Oak, 
"• 'I'lence by the Land of Alexr. 'I'ippen, Soutu twenty seven Degs, 
" Kist eighty two pches to a f>ost. Thence by Land of Leonard 
" Knup, South forty one Degs, East sixty eight pches to a Post, 
" (ail the above (Jourses in Bucks County.) Thence by the Lands 
" of sd Knup & (Jeorge Smiti, and of Robert 'i'liomas, in the Ger- 
" man Tract, South nine Degs, East crossing the Line dividing 
'< between the Counties of Bucks and Philadia, at the Distance of 
•' one hundred & sixty pclies.) Six hundred and forty pches to a 
"marked I'ree, Tnence along Robert Thomas' Lands, Souih ten 
♦♦ Dejfs thirty Minutes, West sixty pches, to a small black Oak niark- 
" ed near sd Roberts Lane, Thence North sixty five Degs, East 
" crossing another Branch of Perkenmy sixteen pches, to a mark- 
" ked white Oak, South twenty I'egs, East <me hutidred and fifty 
" four |)ches to a marked white Oak, South Sixty one Degs, East 
" sixty pches to a Post, Thence along the Landsof the said Robert 
" ThiJinas Sl Danl. Levar, South seven Degs, East one hundred & 
" tSiirtv two pches to a Post, 'I'hence along Levar's Land South 
" twenty three Degs, East one hundred & sixty pches to a marked 
" white Oik, Thence South one Deg, East sixty pches to a marked 
♦« white Oik, Thence South nineteen Degs, West thirty six pches 
" to a marked white Oak, Thence along Bartell Kuchar's Land, 
'* South fifty five Deys, West fourteen pches to a Post South twelve 
" D'^iis. East fifty six pches to a marked Ilickery, South one Deg, 
" :<'» Mints, West seventy eight pches to a Post, Thence Souih 
" twenty Degs, West one hundred and twenty four pches to a marked 
" white Oak, I'hei ce along the Land of Christopher Newman, 
« S nth six Degs 30 Mitits, East forty pches to a Post. South thirty 
*' Dei>s, Ea-<t forty pches to a marked black Oak, Thence ;ilongva- 
" cant Land SDuth twenty eight Degs, 30 iVIints. East thirty four 
" pches to a marked while Oak. 'I'hence South nine Degs, East 
" eiiiiify Perches to a marked Blick Oak, Thence South thirty six 
*' Degs. West fnrty six pches to a marked Hickery, Thence along 
" Martin Ter's L;ind, South twenty five Degs, West twenty six 
' pches to a Post, South five Degs, East thirty six pches to a Post, 



67 J MINUTES OF THE 

" Thence South ten Degs, East seventy two pches to a marked white 
" Oak, South twenty one Degs, East forty four pches to a Post on 
" the North West side of the said Road leading from Cosshehoppa, 
" thro' North Wales to Philadia, opposite to a marked white Oak, 
" near a great Rock on the South East side ofithe same Road, Laid 
" out the 16th Day of August, Ao. Di., 1735. 

his 
« ROBERT xj THOMAS, 

Mark 
« JOHN ROBERTS, 
«' HUGH EVANS, 
" JAN. JANSEN." 
The Board on Due Consideration had of the said Return, & of the 
Draught accompanying it, doth approve & confirm the Road, laid 
out as in the said Return mentioned, which is hereby declared to be the 
King's Highway or Public Road, and It is ORDERED that the same 
be forthwith cleared & rendered commodious for the Publick Ser- 
vice. 

A Petition of sundry Inhabitants of the Counties of Chester & 
Lancaster, setting forth the Want of a High Road in the remote parts 
of the said Counties, where the Petitioners are seated, and tliat a very 
commodious one may be laid out from the Ferry of John Harris, 
on Susquehannah, to fall in with the High Road leading from Lan- 
caster town, at or near the Plantation of Edward Kennison, in the 
great Valley in the County of Chester ; & therefore praying that 
proper Persons may be appointed to view & lay out the same, was 
read ; the prayer of which Petition being granted. It is ORDERED 
that James Armstrong, John Forster, John Fredrick, Rece Price, 
Hans Graaf, John Davis, John Mendenhall of the County of Lancas- 
ter, Edward Nicholas, Phenias Lewis, Richard Buffington, Samuel 
Osborne, James Elridge & Richard Pierce of the County of Chester, 
or any seven of them, view the Place where such Road is wanted, & 
if they are satisfied that there is a Necessity for such Road, that thej 
or any seven of them lay out the same. James Armstrong or John 
Forster being one of the Number in laying out the same thro' Pex- 
tang, John Fredrick or Rece Price being one of the Number in lay- 
ing out the same thro' Quatapahalah, Hans Graaf or John Davis or 
John Mendenhall being one of the Number in continuing the same 
from Quatapahalah aforesaid, till it falls in with the Division Line 
between the Counties of Lancaster & Chester, Edward Nicholas, 
Phenias Lewis, Richard Buffington, Samuel Osborne, James Elridge 
& Richard Pierce, or any three of them, being of the Number in 
continuing the said Road from the Division Line aforesaid, till it falls 
in with the High Road from Lancaster, at or near the Plantation of 
Edward Kennison. And that of the said Road laid out by Course 



PROVINCIAL COUNCIL. 674 

& Distance as straight as possible, for the general Accommodation 
of the Inhabitants, & with as little Damage as may be to any private 
Persons, a Return be made to this Board, together with a Draught 
of the said Road. 

A Petition of sundry Inhabitants of the Townships of Tredyffrin 
East-town, Willis-town, & places adjacent m the County of Chester, 
setting forth that by an Order of this Board a Road was directed to 
be laid out from the town of Lancaster to the ferry on Skuylkill at 
the upper end of high Street, which Road is brought no further than 
to the House of John Spruce, in Whiteland township, in the said 
County of Chester, to the great Inconveniency of Persons travelling 
with Waggons & other heavy Carriages, & therefore praying that 
Orders may be given for perfecting the said Road, agreeable to the 
former Directions of this Board, was read. Whereupon It is OR- 
DERED that the Persons named for that Service be required to ex- 
ecute the Order of this Board of the 4tli of October 1733, & make 
Return thereon with all convenient Dispatch. 
E. 

END OP VOL. III. 



